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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience:  Attorney
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if child support ends at 18, but 21 if in college. what in

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if child support ends at 18, but 21 if in college. what in the world happens when a child turns 18 while in highschool before college. does the court play games and say wait and see until the season for college begins?
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.

In New York, child support obligations continue until age 21, regardless of whether the child is in high school, college, or neither. Only if the court determines that a child is emancipated will child support terminate before that time. If a child leaves the parents home and refuses to obey the parent, the child can be deemed emancipated. Self-sufficiency also weighs in favor of emancipation of a child.
Customer: replied 5 years ago.
If a child leaves the parents home and refuses to obey the parent, the child can be deemed emancipated. what about a non custodial parents situation
The noncustodial parent's situation does not affect that. Just as the noncustodial parent's control over a child is limited prior to 18, it remains limited beyond that age. If the child still lives with the person who was the custodial parent and obeys the reasonable commands of a parent, the child will generally not be emancipated and child support obligations will continue until age 21. If the fact that a noncustodial parent lives somewhere else could render a child emancipated, all children with separated parents would be deemed emancipated and the law would fail to function in that regard.
Customer: replied 5 years ago.
what to do when a judge refuses to listen to that. refuses.
That really depends on the specific details of the particular matter, as that is what a court reviews. If the court refuses to emancipate a child, it may be because the child doesn't actually meet the criteria for emancipation. Because such matters are highly discretionary for the court, evidence supporting a parent's claim that a child should be emancipated is key, as is competent legal representation. Therefore, for such purposes, it's important to retain an attorney. In any case, unless a child is deemed emancipated, child support continues until age 21 in New York.
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