Should I continue paying child support for my 19-year-old son?

Full question:

My 19 year old son is a full time college student and chose to move out of his mothers house and move into an apartment with a friend. Should I still be paying child support on him or has he emancipated himself?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: New York

Answer:

In New York, parents are generally required to support their children until they turn twenty-one. This includes paying child support for a child who is under twenty-one and is still considered unemancipated. Emancipation typically occurs when a child is financially independent, living away from home, and not relying on parental support.

Since your son is a full-time college student and has moved out, he may still be considered unemancipated, depending on his financial situation and whether he is still dependent on you for support. If he is working and earning enough to support himself, you may have grounds to modify or terminate your child support obligation. However, it is advisable to consult with a family law attorney to understand your specific circumstances and the potential for emancipation in your case.

For further information, you can refer to New York Family Court Act § 413, which outlines the obligations of parents regarding child support.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, it is possible for someone to initiate child support proceedings without your knowledge. Typically, the custodial parent or guardian can file for child support through the court. You may receive a notice of the proceedings, but it's important to respond promptly to protect your rights. If you have concerns, consult a family law attorney for guidance.