Am I obligated to support my child to age 21 in New York?

Full question:

If child support goes till age 21, does that mean the age of majority is also 21?

  • Category: Minors
  • Date:
  • State: New York

Answer:

No. In New York, 18 years of age is considered as the age of majority. But, a child is entitled to be supported by his or her parents until the age of 21. So, if the entitlement of child support until the age of 21 years does not mean that the age of majority is also 21.
 
The relevant law is stated below for more details on this subject:

Domestic Relations Law § 2
A “minor” or “infant”, as used in this chapter, is a person under the age of eighteen years.

Family Court Act § 413 - Parents' duty to support child
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.
 

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

In New York, parents are required to provide child support until the child turns 21. This means that the oldest age for which a parent may be obligated to pay child support is 21 years old, regardless of the child's age of majority, which is 18. This obligation is outlined in Family Court Act § 413.