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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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My Child is 20 will be 21 in January and has a 4 month old

Resolved Question:

My Child is 20 will be 21 in January and has a 4 month old Son. I pay child support in NY State do I still have to pay even though she has a baby of her own???? just wondering
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

You will have to pay until she is 21 even though she has a child. In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends. 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. In that situation, there would need to be a court order terminating the child support order.

ScottyMacEsq :

But assuming that she's not self supporting, or living with the other parent, or not married, etc... then child support will continue until she's 21 or a later time if you have agreed to one in a divorce settlement / etc...

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

She lives in Florida in her own apartment with the babies father.

ScottyMacEsq :

Is the child support order issued in New York (through a NY court, etc...)? Or in Florida?

Customer:

NY

ScottyMacEsq :

Then NY law will still apply. If you can argue that she's self supporting, then you could file a petition to stop child support. The main problem is that if she's living with the baby's father, and he's the one working, then a judge probably would not say that she's self supporting. If she's married to him, that's a slam dunk.

Customer:

ahhh. Ok. as far as I know she's not married since she isn't speaking to me. but considering she will be 21 in Jan, its safe to assume i will continue paying until said time.. Thank you

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Thank you... and no i have no further questions at this time.

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11709
Experience: Licensed Texas General Practice Attorney
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