When two parents decide to separate or divorce, one of the most important factors to keep in mind is the well-being of the children. In many states, child support payments are required and do not end until the child turns 18 years old. However, New York law is different. Under Family Court Act § 413, child support does not automatically end at age 18, but rather when a child turns 21, unless they become legally emancipated prior. This applies statewide, including Suffolk County If you are paying or receiving child support in Suffolk County or anywhere in New York, it is imperative to understand when your legal obligation to make payments actually ends. For more information on New York’s laws regarding financial support, continue reading and speak with a Suffolk County child support lawyer today.

What Is Child Support Under New York Law?

Child support refers to a financial obligation that parents have to their children in accordance with FCT § 413. When a couple shares a child, they are legally required to pay for the child’s basic needs, including:

  • Food
  • Housing
  • Utilities
  • Transportation
  • Clothing
  • Medical care

If a couple is divorced, the noncustodial parent (the parent who does not spend as much time with the child) is generally required to pay monthly child support payments to the custodial parent. These payments are intended to ensure the child maintains a stable quality of life.

Does Child Support End at 18 in New York?

In many states, 18 is considered the age of majority for child support purposes, meaning many states terminate orders after a child reaches their 18th birthday. However, child support in New York continues beyond age 18.

Under NY state law, children are entitled to financial support from their parents until they:

It is important to note that child support will not automatically end when a child turns 21. As such, it is the parents’ responsibility to ensure that the support order has a termination date or seek confirmation from the court. Without a formal order terminating the obligation, payments may continue to accrue, resulting in arrears.

Can Child Support End Before Age 21?

Under certain circumstances, child support payments may end prior to age 21 if the child becomes legally emancipated. This means they are entirely independent of their parent’s support and can live independently.

Common Grounds for Emancipation in New York

  • Join the military
  • Get married
  • Petition a court for emancipation
  • The child is 18 years old and works full-time
  • The child is 17 years old, has left home, and has severed their relationship with their parents
  • The child demonstrates financial self-sufficiency through lawful employment

It’s important to understand that these matters are determined by the court on a case-by-case basis. Judges in Suffolk County, in accordance with New York law, have broad discretion to determine whether or not a child meets the threshold for legal emancipation.

Can Child Support Continue Beyond Age 21?

In instances where a child has a developmental disability or otherwise cannot care for themselves independently, child support may extend beyond age 21, and potentially up until age 26.

Additionally, parents reserve the right to voluntarily agree to extend child support during a divorce settlement.

How Much Child Support Do You Have to Pay in New York?

Under New York law, child support is calculated by a set formula, known as the Child Support Standards Act (CSSA). The CSSA will consider:

  • The combined income of the parents
  • The number of children the couple shares
  • The current custodial arrangement
  • Certain allowable deductions

Percentage Guidelines Under the CSSA

  • 17% of the combined income for one child
  • 25% of the combined income for two children
  • 29% of the combined income for three children
  • 31% of the combined income for four children
  • 35% of the combined income for five children

It’s important to understand that these percentages generally apply to combined income, up to a statutory cap. This cap will periodically be updated.

What if You Stop Paying Child Support Early?

Child support payments are a legally binding court-order. If you stop making payments unprompted, you could face serious legal repercussions.

Potential Consequences of Non-Payment

  • Wage garnishment
  • Bank account levies
  • Property liens
  • Driver’s license suspension
  • Business license suspension
  • Passport denial
  • Tax refund interception
  • Potential jail time

In Suffolk County, enforcement proceedings may be initiated by the custodial parent or through the Support Collection Unit, while failure to appear at a scheduled enforcement hearing can result in immediate penalties.

What if You Can’t Afford Child Support?

If you can no longer afford the required child support for any reason, you should not simply stop paying. Instead, it is in your best interest to connect with an experienced Suffolk County child support attorney who can assist you in filing a petition to modify or terminate your child support order. It is important to understand, however, that the courts will only grant a modification if you have experienced a substantial change in circumstances.

In general, for residents in Suffolk County seeking a modification, the matter will proceed through the Suffolk County Family Court, or, if part of a divorce settlement, the Suffolk County Supreme Court.

Common Grounds for Modification Recognized in New York

  • Involuntary job loss or reduction of income
  • Medical disability
  • Change in custody arrangement
  • Remarriage or cohabitation of the recipient spouse

Speak with a Suffolk County Child Support Lawyer

If you’re looking to modify or terminate your child support order, it is imperative to connect with an experienced attorney at Peter Mandi & Associates. Our team understands how complicated these matters can be to navigate, which is why we will do everything in our power to assist you in fighting for the best possible outcome. Contact us today to learn more.