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KJL LAW, Lawyer
Category: Family Law
Satisfied Customers: 1627
Experience:  Attorney at law Office of KJLLAW
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Subject is NY Child Support. My 19yo son moved out of his mother's

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Subject is NY Child Support. My 19yo son moved out of his mother's (custodial parent) house two weeks ago. He signed a lease for the next 5 months. He has no intention of moving back. He is still on her health insurance and car insurance, but is paying for all other expenses himself. Is he considered emancipated by NYS law?
Submitted: 1 year ago.
Category: Family Law
Expert:  KJL LAW replied 1 year ago.
Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.In New York, a child is considered "emancipated" for child support purposes when they attain the age of 21. However, there are other ways a child can be considered emancipated. It can be done by a settlement agreement which will specify when child support ends. Other ways a child is considered emancipated is if they become economically independent through entry into the military service or a military academy, get married, or as a result of full-time employment. The courts focus on whether the child is truly economically independent. Therefore, temporary employment, or full time employment during the summer will meet the standard. Likewise, if the child is working to save money for college tuition, this will not be considered as economic independence. That aside, if they are of employable age, (18 would qualify), and in full possession of their faculties, and voluntarily and without cause abandon the home of the parent, and against the will of their parent for the purpose of avoiding parental control, they could be deemed emancipated. Case law has held that a child is not considered to be emancipated if the child leaves the home for good cause or with the approval of the mother. Notably, unless there are other facts, simply attending college away from home, or living on their own does not constitute emancipation. Just the health insurance and car insurance is not enough to establish that he did not abandon the mothers house. The way to stop support, is to file a motion in the Family Court in the County where the child resides, asking for an Order of Emancipation. This can be done by yourself, but you must present proof of the emancipation to the court, by evidence, including documentation of the abandonment, leases, e mails, testimony of your son, and other witnesses. However, if like I stated above, he just left to live in a separate space, that may not be enough to show emancipation. The burden is high and Courts do not like to declare emancipation without clear and convincing evidence. I hope this helps with your question.
Expert:  KJL LAW replied 1 year ago.
If you have any other questions, just ask, if not please rate the question for tracking and credit.
Expert:  KJL LAW replied 1 year ago.
If you have any additional questions, just ask. If not, please rate the question for tracking and credit.
Expert:  KJL LAW replied 1 year ago.
If you are satisfied please rate the answer as "positive" for tracking and credit purposes. Thank you.