When parents go through a divorce or separation, there are often several questions that immediately come to mind, and for many people, one of the most important questions is how long child support payments will continue. After all, child support can have a significant impact on both parents’ finances for years after a divorce is finalized. Please continue reading and reach out to a knowledgeable and experienced Buffalo divorce and family lawyer from Raimondo & Sundquist LLP to learn more about how long child support lasts in New York and some of the factors that may affect a child support obligation. Here are some of the questions you may have:

How Long Is Child Support Required in New York?

Typically, child support in New York lasts until a child reaches the age of 21.

Many people are surprised to learn this, as several other states terminate child support obligations when a child turns 18. However, New York law takes a different approach. In most cases, parents are expected to continue financially supporting their children until they reach their twenty-first birthday.

Some of the most important things to understand about the duration of child support are as follows:

  • Child support generally continues until a child turns 21 years old.
  • A parent cannot simply stop making payments because he or she believes support should end.
  • Existing child support orders remain enforceable unless they are modified or terminated by the court.
  • Any unpaid child support obligations may still be collected, even after a child reaches adulthood.

That being said, while age 21 is the general rule, there are situations where a child support obligation may end earlier.

Can Child Support End Before a Child Turns 21?

In certain circumstances, the answer to this question is yes.

Typically, this occurs when a child becomes legally emancipated before reaching the age of 21. Simply put, emancipation generally means that a child has become independent and is no longer relying on his or her parents for support.

Some examples of situations that may result in emancipation are as follows:

  • The child gets married.
  • The child joins the military.
  • The child becomes financially self-supporting.
  • The child permanently leaves the parents’ home and is no longer subject to parental control.

Of course, determining whether a child is truly emancipated is not always as simple as it may sound. For example, if a child works a part-time job while attending school, that alone will generally not be enough to establish emancipation. Similarly, if a child moves out but still relies on a parent for financial support, a court may determine that child support should continue.

Are There Any Exceptions That Extend Child Support Beyond Age 21?

Generally, child support obligations end when a child reaches age 21. However, there are certain circumstances where financial obligations relating to a child may continue beyond that point.

For example, if a child has special needs, child support may be extended until the age of 26. Child support may also be extended in cases where a child is attending college or higher education, and expenses such as the following come into play:

  • College tuition costs.
  • Room and board expenses.
  • Books and educational materials.
  • Other agreed-upon educational expenses.

It is important to understand that these obligations are often based on the terms of a settlement agreement rather than a standard child support order. Therefore, the language contained within the agreement itself can play a significant role in determining each parent’s responsibilities.

If you have questions regarding child support, emancipation, modifications, or any other family law matter, please don’t hesitate to contact a seasoned Buffalo family lawyer from Raimondo & Sundquist LLP today.