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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Am I obligated to continue paying Child Support after he

Customer Question

Am I obligated to continue paying Child Support after he turned 18 years of age next month? He graduated from High School in May and has decided NOT TO GO TO COLLEGE. He is still living with a careless Mom who has no say or control over him. He is not working but he claims he is focussing on ways and means to soon become a "MILLIONAIRE" College. This is a child who is obese ( 300+ pounds) and who refuses to follow my advices and doctor's advises for his own benefits. In the meantine, his mother is collecting 800/month from my pay check. If indeed he does not go to college, which I want him to do for his own sake, especially when my current employer would be paying 1/2 of his tuition, WHAT CAN I DO? Am I obligated to continue paying Child Support after he turned 18 years?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, how exactly is the support order worded at this time? When does it end? Or is the order silent as to those facts?

Customer: replied 1 year ago.
Order was issued 15 years ago in a standard form to provide x$ per month. It was automatically increased to reflect cost of living standards. This is New York State and I understand that it should end at 21 or on emancipation. But, what if he does not go to school after 18? I think the order is silent on this.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

If he does not go to school, you can file for termination on grounds of emancipation--in essence you can get the courts to involuntarily emancipate him if he is no longer acting as someone who an unemancipated adult and fails to go to school. But you cannot simply stop paying support, you need the courts to evaluate the cause for your filing and side with you if they deem your child's actions as showing independence and self-reliance at this point.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
From "http://www.suffolkdivorcelawyer.com/2014/03/13/child-become-emancipated-new-york-2/" I learn:
"Parents are obligated to financially support their children until the child reaches age 21 or is otherwise emancipated. Grounds for emancipation prior to the child reaching age 21 include:
1. Marriage (provided that the child is not receiving public assistance);
2. Military Service;
3. Full-time gainful employment and self-supporting (economically independent / from the parents);
4. Refusal to comply with reasonable parental rules".How do you thnk I should proceed?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Typically the third option or the fourth option are best. If the child is refusing to take responsibility, then that goes under the fourth option, which is what I believe you were discussing in your initial question.

Sincerely,

Dimitry, Esq.