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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I am paying child support for my daughter who resides in New

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I am paying child support for my daughter who resides in New York State. She just turned twenty, lives at home and just landed a full time job and has not attended any college or trade schools. For the 2012 tax year I was not able to claim her as a dependent because her income was tooo high. My question is do I have a chance of getting child support dismissed if I file in Ontario County, NY? Thanks you

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

What does the current order of support indicate? Does in require support to continue as long as your daughter is enrolled in college?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

Per the order it just says till she's 21 and living at home. Not Sure if anything is mentioned about working full time with benefits.

Customer: replied 3 years ago.

The current order states as long as she resides at home, per NY child support rule, but I can't recall if anything is stated about full time work.

Hello again, Tom, and thank you for providing this additional information.

Since the order does not condition payment of support on your daughter continuing college, I would not typically expect the court to grant your motion to terminate the order. It is very difficult to obtain an order terminating support early. Usually you will need to show that the child has been emancipated which means she must be self-supporting and not living with a guardian/parent.

Under NY law, support must normally continue until the age of 21unless the child is married, or self-supporting, or in the military. In that case, the child is considered to be "emancipated" and the parents' support obligation ends typically.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands. Otherwise, support will normally continue.


Here is a link which summarizes the law on this issue:




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