Divorce is rarely easy, and it can become much more difficult when children are involved as you will need to address custody and support. In New York, parents have a legal obligation to financially support their children. However, this obligation only applies until the child reaches the age of emancipation. This means they are no longer obligated to provide child support. Please continue reading to learn when a child is deemed legally emancipated in New York and why connecting with a trusted Nassau County Child Support Lawyer is in your best interest.
When is My Child Emancipated?
Firstly, it’s crucial to understand that parents have a legal obligation to financially support their children until they reach the age of emancipation. A child is legally emancipated in New York at age 18, except under certain circumstances. When a child is deemed emancipated, it means that their parents are no longer legally obligated to financially support them. Essentially, emancipation is the legal act that releases a child from both the control and support of their parents.
When parents dissolve their marriage, they must agree on child support. If this cannot be achieved, the court will decide the level of support based on a formula that considers both party’s incomes. The Child Support Standards Act (CSSA) sets the basic child support amount. Child support is designed to cover a child’s basic needs, such as food, shelter, clothing, and other general expenses associated with their upbringing. The non-custodial parent is typically obligated to provide child support.
The issue of emancipation often arises when a parent who pays child support wants to stop making support payments for a child that they believe has become independent and no longer requires such financial support. If the child’s custodial parent doesn’t agree with this assessment that the child is independent or that support should end, they will need to go to court asking the judge to emancipate the child and terminate the existing support order.
How Does the Court Determine Emancipation in New York?
When a parent requests emancipation, the court will examine the facts of the case to determine whether the child in question has achieved an independent status. While age plays a role in this determination, it’s not the only factor the court will examine. The court will also consider the child’s needs, interests, independent resources, the family’s reasonable expectations, the parents’ financial abilities, and any other relevant factors.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to fight for you and your children during these complex matters. Connect with our dedicated legal team today to learn how we can assist you.