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Termination of Child Support in New York State

Child Support in New York State is a complex area of the law with certain small distinctions that can have a significant impact on a parent's obligation to pay child support or a parent's right to receive it. The purpose of this child support blog is not to discuss how child support is set but to only discuss how child support is terminated in New York State.

Our Westchester County child support lawyers have offices in White Plains and can answer any specific questions about your child support case. We have handled countless child support cases in Westchester County and the surrounding counties and can use this experience during your case. In any child support case it is important to have a child support lawyer at every stage of the case. Our lawyers are skilled child support lawyers to either help obtain the proper amount of child support for the custodial parent or limit the amount of child support as required by law for the non-custodial parent. Call our law office today for a free consultation.

As a general rule, parents are liable for support of their children to the age of 21 but not beyond. However, child support liability terminates upon certain life events even when the child has not yet attained the age of 21 years.

Absent a written agreement by the parties, such as in a divorce settlement or stipulation, child support will end at 21 years of age. Just as parents can not be compelled to pay child support for children over 21 years of age, parents can not be compelled to pay education expenses for a child over 21 years of age unless both parents have an agreement to do so in writing. This agreement is usually found in a divorce cases.

The following are significant life events that terminate a child support obligation:

1. Attainment of the age of twenty-one (21) years

2. Marriage of the child or habitually residing with a person of the opposite sex.

3. Permanent residence away from the custodial parent.

4. Death of the child or the Wife.

5. Entry into the Armed Forces of the Unites States by the child.

6. Engagement in full-time employment upon and after attaining the age of eighteen, except that:

(a) Engagement by the child in partial, part-time or sporadic

employment shall not constitute emancipation; and

(b) Engagement by the child in full-time employment during school vacations

recesses and summer periods shall not be deemed emancipation.

7. Change of residential custody from custodial parent to the non-custodial parent.

8. If the non-custodial parent has been denied visitation, in that the custodial parent has wrongfully interfered with visitation the court may suspend child support prospectively only.

Even if an emancipation event takes place the non-custodial parent must file a petition to terminate child support to obtain a court order to have the payments stopped. The top child support lawyers will tell you it is never advisable to wait on the custodial parent. It is always better to be pro-active.

If you or a loved one is involved in any family court litigation including a dispute over child support, call our law office for your free consultation. During the consultation, we can discuss your options and how our office can help your specific case.

Our lawyers have decades or experience handling countless child support cases. We are aggressive attorneys who always make ourselves available to help you. Our attorneys are nationally recognized family law attorneys and fight to get the best possible results for our clients.

We have two Westchester County Locations. Our main office is in White Plains and our Northern Westchster Office is in downtown Peeskill.

Call us today (914) 946-4808

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