There are many people in New York who have children, but who are no longer in a relationship with the other parent. This could be because of a divorce or because they were never married to the other parent. If the parent does not have custody, they may have to pay child support to the other parent. Basic child support is determined based on the income of the parents, and the non-custodial parent pays a percentage of income to the other parent based on how many children the couple has together.
The parent will pay this amount until the child is 21-years-old or is emancipated, but what does that mean exactly? For the purposes of child support, children are emancipated if they are living independently from their parents or are self-supporting. This can be demonstrated by the fact that a child has graduated from college, is married, is permanently living separately from their parents, in the military, is at least 18 and working a full-time job all year and other ways that indicate the child is independent and self-supporting.
Depending on how old children are when their parents begin paying child support, the obligation can last for a long period of time. This is especially true since it does not end until a child turns 21 or becomes self-supporting, which is a very fact specific determination. There are many circumstances that can change for both the parents and the children during those years. If parents are no longer able to pay their child support obligation due to these changes, they may be able to modify their child support obligations to reflect the change in circumstances.
There are many parents in New York who currently pay child support and may be obligated to continue these payments for a number of years. However, they may experiences changes over the years and may need to modify a child support obligation. Experienced attorneys understand how to modify a child support obligation and may be a useful resource.
Source: www.herjustice.org, "The Basics: Getting Child Support in New York State" accessed on Oct. 9, 2017