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    just4me's Avatar
    just4me Posts: 3, Reputation: 2
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    #1

    Apr 10, 2007, 09:34 AM
    In NY State @ What Age Does Child Support End
    Our court papers do NOT state an age limit for child support to end. Both my kids are in college. One is 18 the other just turned 21.

    1. Is the state of NY going to end the support one day without notice?

    2. Can their father end the support at any time without me knowing until get a payment for less money?

    3. When support ends, will he then be responsible by law for any part of the college costs?

    Please help.
    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 10, 2007, 11:03 AM
    Most likely both need to go back to family court and work out the details.

    He can stop paying anytime he wants, it will be your job then to take him back to court and prove he has to keep paying.

    No parent is legally responsible for college unless it is in the child support papers.

    Normally it is written into the agreements that support will contineu till 18 if not in college or till 23 if they are in college.

    But you most likely need to file a motion for this in your family court. You seriously need to talk to a family attorney on this.

    At 18 for example, my wife and I are married, we have no legal responsibility to pay for our sons college, we can merely say good luck, sorry to see you go, the locks will be changed by 8 pm. And send him on his way. Any terms and conditions for college needs to be spelled out in writing.
    jrock27's Avatar
    jrock27 Posts: 1, Reputation: 1
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    #3

    Sep 18, 2010, 09:01 AM
    I sincerely hope that will not be the case because children need guidance and support especially during these challenging and confusing times. But yes sadly to say that you can say hell no for paying for college I hope parents have more than a heart than that, unless there children are truly brats then I would recommend not. But 21 to 23 in some states is the case for child support, I hope you can think about that before making a harsh decision or just give a little support and tell your child you need a part time job and the loan is on you! I rather my dad had done that instead of me working full time at dead end jobs for 8 years and made me feel worthless. But none the less I'm going to school now (age 26) and I feel like I could have done this crap when I was 19 but you already know why. So if you care about your children then I suggest you help them if not well... good luck with your child's grudge against you.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Sep 18, 2010, 04:50 PM
    Quote Originally Posted by just4me View Post
    Our court papers do NOT state an age limit for child support to end. Both my kids are in college. One is 18 the other just turned 21.

    1. Is the state of NY going to end the support one day without notice?
    In NYS child support stops when a child reaches the age of 21 or is earlier emancipated. There is no need of a notice.

    Quote Originally Posted by just4me View Post
    3. When support ends, will he then be responsible by law for any part of the college costs?
    Generally-no.
    N.Y. Do . Re. Law § 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).
    Tyroneburt's Avatar
    Tyroneburt Posts: 1, Reputation: 1
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    #5

    May 21, 2012, 05:16 PM
    My child is 18 and on my medical she not in school and have court order to pay support we both agree that she plan on going back to school to receive a GED but want the support payment to stop what should I do
    ericgasak34's Avatar
    ericgasak34 Posts: 2, Reputation: 1
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    #6

    Oct 20, 2013, 06:00 PM
    I have a question my son just turned 18 a month ago and I am currently paying child support for him. Well, I just got my son a full-time job making decent money. I currently pay $300.00 a month and he currently makes $1,520.00 month. He does not go to school but he does reside at home with his mother. Now, given this information do you think I have a leg to stand on having my child support stopped here in NY State?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Oct 20, 2013, 06:07 PM
    Quote Originally Posted by ericgasak34 View Post
    I have a question my son just turned 18 a month ago and I am currently paying child support for him. Well, I just got my son a full-time job making decent money. I currently pay 0.00 a month and he currently makes ,520.00 month. He does not go to school but he does reside at home with his mother. Now, given this information do you think I have a leg to stand on having my child support stopped here in NY State?
    Mostly it is going to depend on when the order was written. In N.Y. it wasn't always as it is now. If you have a recent order then it goes until 21 years of age. Longer if disabled and extra expenses involved.

    When was your order started and do you have a copy of them as it will say when it ends. At a minimum it is usually 18 and finished High School.
    ericgasak34's Avatar
    ericgasak34 Posts: 2, Reputation: 1
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    #8

    Oct 21, 2013, 08:27 AM
    I would have to dig all that information out. Honestly, I never bothered to look as for my son he is 18 and dropped out of high school but, he is now working full time and making enough to support himself. I was talking to a couple of other people on Facebook and they said it doesn't matter if he's working or not basically what he makes is his. That doesn't make any sense to me because in my opinion that would be fraud on his mothers part if she doesn't report that extra income in and why should I keep paying if he's working full time.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #9

    Oct 21, 2013, 09:58 AM
    Quote Originally Posted by ericgasak34 View Post
    I would have to dig all that information out. Honestly, I never bothered to look as for my son he is 18 and dropped out of high school but, he is now working full time and making enough to support himself. I was talking to a couple of other people on Facebook and they said it doesn't matter if he's working or not basically what he makes is his. That doesn't make any sense to me because in my opinion that would be fraud on his mothers part if she doesn't report that extra income in and why should I keep paying if he's working full time.
    First off your going to need to look at the paperwork. That is where your answer may be found. Second is that child support is based on having the child in the home. Having a job doesn't disqualify them unless emancipation has occurred. But if your order says 18 and graduated High School and he would have graduated already then it may be possible to argue for stopping the support.
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