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-   -   Do I have to pay child support even if my child is working full time (https://www.askmehelpdesk.com/showthread.php?t=620023)

  • Dec 15, 2011, 11:20 PM
    kjs14
    Do I have to pay child support even if my child is working full time
    My child lives in NY and is nineteen he works full time I know they changed the law a few years ago from 18 to 21. He still lives at home is there any guidelines on this or do you just have to pay till 21
  • Dec 16, 2011, 04:37 AM
    cdad
    Check your original order. You may find it ends at 18 and graduated High School. When the law changed it wasn't retroactive.
  • Dec 17, 2011, 01:47 AM
    MR.know
    Once you are in your adult hood and can take care of yourself then your son will have to become a man and learn how to take care of taxes and other thing.
  • Dec 20, 2011, 07:29 AM
    StartingOver46
    First you should be willing to support your child no matter what age they are. Anyway, I believe the age is until 21 now and 23 if they are in school. If they work full time they may be considered emancipated and able to stand on their own. I believe a judge has to determine that though. So if you already have a support order in place, you may want to file a petition to amend that order or better yet, consult with a Family Law attorney as soon as you can.
  • Dec 20, 2011, 08:52 AM
    JudyKayTee
    Quote:

    Originally Posted by StartingOver46 View Post
    First you should be willing to support your child no matter what age they are. Anyway, I believe the age is until 21 now and 23 if they are in school. If they work full time they may be considered emancipated and able to stand on their own. I believe a judge has to determine that though. So if you already have a support order in place, you may want to file a petition to amend that order or better yet, consult with a Family Law attorney as soon as you can.


    The legal answer is exactly what Califdad said - check the Court Order's language. The change to support until 21 is/was NOT retroactive. If the Order says 18, then it's 18.

    If OP wants child support to stop he needs to file a Petition with the Court to stop it. Here is NY law on the subject: "In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends. A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands." New York City Family Court
  • Dec 20, 2011, 02:20 PM
    cdad
    Quote:

    Originally Posted by StartingOver46 View Post
    First you should be willing to support your child no matter what age they are.

    One thing you need to be clear on is that supporting your child and paying child support are 2 very different things. Child support is paid to the custodial parent and there is nothing in the laws that say it must be applied to the child. But should your son/dughter be in college and you wish to send them a monthly check then you know exactly where the money went to. It is worlds apart in perspective.

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