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, under N.Y. Fam. Ct. Act § 413(1)(a)a child is entitled to get parental support until the age of 21. However, if the child chooses to leave the parental home for no specific reason, it would be considered as emancipation. Therefore, the child though under the age of 21 may not avail child support. This is provided under N.Y. Fam. Ct. Act§ 413(1)(a), which reads:
1. (a) Except as provided in subdivision two of this section, the parents of a child under the age of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine. The court shall make its award for child support pursuant to the provisions of this subdivision. The court may vary from the amount of the basic child support obligation determined pursuant to paragraph (c) of this subdivision only in accordance with paragraph (f) of this subdivision.
(b) For purposes of this subdivision, the following definitions shall be used:
(1) “Basic child support obligation” shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) “Child support” shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
In Orange Cty.Dep't of Soc. Servs.on Behalf of Clavijo v. Clavijo, the court held that a child under the age of 21 who is receiving public assistance due to his/her residency in long-term drug rehabilitation program, is constructively emancipated. Therefore, parents are not obliged to support the child.1
(b) For purposes of this subdivision, the following definitions shall be used:
(1) “Basic child support obligation” shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) “Child support” shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
In Orange Cty.Dep't of Soc. Servs.on Behalf of Clavijo v. Clavijo, the court held that a child under the age of 21 who is receiving public assistance due to his/her residency in long-term drug rehabilitation program, is constructively emancipated. Therefore, parents are not obliged to support the child.1
In the instant case, the child living separate from his/her parents may be considered emancipated. Therefore the child may not claim child support under N.Y. Fam. Ct. Act § 413(1)(a).
1. Orange Cty.Dep't of Soc. Servs.on Behalf of Clavijo v. Clavijo, 172 Misc. 2d 87, 89 (Fam. Ct. 1997).
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