How to Terminate Child Support in NY
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.
Family matters are difficult to discuss, especially when children are involved. Schedule a consultation with our Westchester County family law attorneys to see your best legal options.
Does Child Support Automatically Stop When Child Turns 21 in New York?
As a general rule, parents are liable for the support of their children to the age of 21 but not beyond. However, child support liability is terminated upon certain life events even when the child has not yet attained the age of 21 years. 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.
The following are significant life events that stop child support obligations are:
- Attainment of the age of twenty-one (21) years
- Marriage of the child or habitually residing with a person of the opposite sex.
- Permanent residence away from the custodial parent.
- Death of the child or the Wife.
- Entry into the Armed Forces of the United States by the child.
- Engagement in full-time employment upon and after attaining the age of eighteen, except that:
- Engagement by the child in partial, part-time or sporadic employment shall not constitute emancipation; and
- Engagement by the child in full-time employment during school vacations recesses and summer periods shall not be deemed emancipation.
- Change of residential custody from the custodial parent to the non-custodial parent.
- 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.
Experienced Westchester County Family Law Attorney
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 of 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.
Our Westchester County family law lawyers handle these cases with the care they deserve. Schedule your initial case review with Proto, Sachs & Brown, LLP today!
New York Child Support FAQ
Q. When does child support end in New York?
A. Generally, at 21 years of age, all child support ends. This includes basic support and payments for college expenses. In a divorce, action check your divorce agreement. Child support can be extended past 21 years of age if the parents agree in a divorce action.
Q. Can child support be modified?
A. Yes, if there is a change of circumstances child support can be increased or decreased. This requires the filing of a petition in the New York Family Court or returning to the Court that issued the Judgment of Divorce.
Q. What are the New York child support guidelines?
A. This is the presumptive amount of child support a non-custodial parent can be ordered to pay by the New York Courts. The percentages are based upon an adjusted gross income; 1 child 17%; 2 Children 25%; 3 Children 29%; 4 Children 31% and 5 or more children no less than 35%.
Q. Who has to pay child support?
A. The non-custodial parent pays to the custodial parent a set amount of child support based upon when they are paid by their employer. Monthly, weekly, bi-weekly or bi-monthly. Payments can be made directly to the custodial parent or through the New York State Child Support Collection Unit.
Q. Do I need a lawyer for my child support case?
A. Yes, a lawyer can help a custodial parent and/or a non-custodial parent with the preparation of court documents, court appearances and the necessary calculations for child support including add on expenses such as unreimbursed medical expenses and child care expenses. A good child support lawyer is familiar with the New York Child Support Family Court Act and has experience both in the Family Court and Supreme Court handling child support matters.
Q. Can I be arrested for not paying child support?
A. Yes, if the payor is found in violation of a child support order for failing to pay child support. The judge can order a person to jail for failure to pay child support.
Q. What is the amount of child support with 50/50 custody?
A. If a parent is designated as the primary custodial parent they will be entitled to guidelines child support, however, that amount can be downward deviated from based upon the time each child spends with each parent. In some cases, the parents can agree that neither party has to pay support to the other based upon a 50/50 custody arrangement.