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. 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?
Child support refers to a financial obligation that parents have to their children. When a couple is married and shares a child they are legally required to pay for the child’s basic needs like food, housing, water, education, clothes, etc. If a couple is divorced the noncustodial parent (the parent that does not spend as much time with the child) is generally required to pay monthly child support payments to the custodial parent. This money is designed to contribute toward the child’s needs.
Does Child Support End at 18?
In many states, 18 is the age that a child is considered to become an adult and is no longer entitled to financial support from their parents, though many parents continue to offer support into adulthood. In New York, however, 18 is not the age at which child support ends.
Under NY state law, children are entitled to financial support from their parents until they either turn 21 years of age or become emancipated in some other way. Children under 21 years old can be considered emancipated if they:
- Join the military
- Get married
- Petition a court for emancipation
- Are 18 years old and work full-time
- Are 17 years old and leave home and sever their relationship with their parents
Unless the child is emancipated, parents are required to continue financial support until they are 21. This can come in the form of a custodial parent funding essential needs as well as a noncustodial parent continuing to make child support payments.
For children with developmental disabilities or who cannot care for themselves without help, child support payments may be required until they turn 26 years old.
What if I Stop Paying Child Support Early?
Child support payments are legally required. If you stop making payments unprompted you could face legal repercussions. A parent who stops paying could have their wages garnished, bank accounts seized, driver’s or business license suspended, tax refunds intercepted, etc.
Violating the child support agreement means neglecting a legally binding court order. Parents who fall behind on payments could even face jail time for contempt of court. It is important that you abide by the terms of your child support agreement and ensure you follow all laws required.
What if I Can’t Afford Child Support?
If you can no longer afford the required child support for any reason, you should reach out to a family lawyer for legal assistance as soon as possible. Do not miss payments. Instead, with the help of your attorney, petition the court for a modification. Reach out to an experienced lawyer for help and to learn more about your options if you cannot afford your child support payments.
