Child support

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When legally do you stop paying child support

Attorney Answers

3
Sandra Munoz ·
That depends. Normally, child support ceases when a child turns 18, dies, marries, or is otherwise emancipated. However, some states have provisions for support to continue for a time while the child is in college. You need to review your support orders, and if you are not clear, seek the advice of counsel in your area. Good luck to you!
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Lloyd Rosen ·
With all due respect to Ms. Munoz, who I'm certain is an extremely qualified and able attorney in California, unless agreed otherwise by the parties, child support orders in New York remain in effect until age 21, or until the child becomes sooner emancipated (i.e. becomes self supporting prior to age 21). If you are subject to a New York support order, you are not permitted to stop paying at age 18, except under very limited circumstances. Living away from home to attend college is not considered an emancipation event, and the obligation to pay child support pursuant to a New York order continues until age 21. There may be ways, depending on the manner in which the child support order came into existence (by Court order or by agreement between the parties, for example) that the child support may be modified while a child is attending college. For example, if you make any payment towards a child's room and board while they attend college away from home, you may be entitled to a credit against your support obligation for the amount you pay towards room and board. I would suggest that you speak to an attorney to discuss your particular situation. Good luck.
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Alexander Korotkin 929287.Html ·
To add to Mr. Rosen's answer, in some circumstances, New York courts have held that payment of college expenses may continue beyond the age of 21, depending on the language in the separation agreement. For a discussion of these issues, please look at my blog, August 1, 2008 entry: http://rochesterfamilylawyer.korotkinlaw.com
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