Full question:
I am 18 years old and live separately from my parents in Hudson. Can I claim child support under New York law?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: New York
Answer:
In New York, parents are required to support their child until the age of twenty-one (N.Y. Fam. Ct. Act § 413(1)(a)). However, if a child leaves the parental home without a valid reason, they may be considered emancipated and thus ineligible for child support. This means that even if you are under twenty-one, living separately from your parents could lead to a loss of entitlement to child support.
For example, in the case of Orange Cty. Dep't of Soc. Servs. on Behalf of Clavijo v. Clavijo, the court ruled that a child under twenty-one receiving public assistance while in a long-term rehabilitation program was considered constructively emancipated, relieving parents of their support obligation. Therefore, since you are living separately from your parents, you may be viewed as emancipated and unable to claim child support under N.Y. Fam. Ct. Act § 413(1)(a).
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