How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
Type Your Family Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I am paying child support for my daughter who resides in New

This answer was rated:

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 4 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 4 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:




I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!




Tina and other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.


Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: I look forward to hearing from you again.