Robert G. Smith, PLLC

Ending child support payments

Many New York parents may believe that child support ends when the child turns 18. However, there are certain circumstances that allow a parent to receive child support even after the child turns 18. Some of these circumstances may include if the child is still attending high school, has special needs or is still living at home with the custodial parent.

Children with disabilities or special needs may need financial support after they turn 18, especially if the custodial parent is providing care for them. Additionally, parents may be required to assist their children with paying for their education, thus potentially extending the age in which the non-custodial parent may be required to pay child support.

While there are are certainly unique circumstances that allow a custodial parent to collect child support beyond the legal age of the child, in New York, most non-custodial parents are not required to pay support once the child turns 18 or if they graduate from high school. Otherwise, the non-custodial parent may also not be required to pay child support should the child be emancipated, meaning that they are found to be self-supporting by the court.

Child support is determined based on a number of factors, including parental income, the number of children involved and if the children have any special or unique needs. A family law attorney may help a custodial parent take these factors into consideration when requesting a formal child support order, especially if the two parties cannot come to an amicable agreement or there is a discrepancy in the reported earnings of either parents.

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Robert G. Smith, PLLC
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