http://www.jeanmahserjian.com/new-york-child-support.html
New York Child Support
New York child support is an obligation of both parents.
Parents are obligated to provide financial support for their children until they reach the age of twenty-one. In intact households, providing for child support is rarely an issue. The parents merely contribute to the child's expenses in whatever manner they deem appropriate.
When parents separate or Divorce, how the two parents meet the needs and expenses of their children can be a difficult issue. New York child support includes the expenses of raising a child, including food and clothing, housing, utilities, medical expenses, transportation, education, childcare, extra-curricular activities and more.
New York has a Child Support Standards Act (CSSA) which is a written law or Statue, which dictates how New York child support will be calculated and paid. The CSSA is a very detailed law, set out in many pages of fine print. It defines income, support and other terms, and provides a step by step formula for Courts and attorneys to use to determine New York child support issues. The CSSA has the advantage of providing consistency. It does not matter what County you live in or what County your case is pending in. New York child support will be determined by reference to the CSSA in every Court in the State.
New York - Emancipation - Removal of Disability
The State of New York does not have an emancipation statute available or a court proceeding to remove the disability of minority. Rather, the status of a youth will turn on the specific facts of the case.
According to caselaw, in the State of New York "emancipation" has been defined as the renunciation of parental rights to a child. Gittleman v. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130 (2d Dept. 1981); Wayne County Dept. of Soc. Serv. v. Schultz, 81 Misc. 2d 603, 366 N.Y.S. 2d 845 (Fam. Ct. Wayne County 1975).
Also a minor is considered emancipated if the following events have occurred:
1) He or she is married. Cochran v. Cochran, 196 N.Y. 86, 89 N.E. 470 (1909); Matter of Williams,
106 Misc. 2d 280, 431 N.Y.S. 2d 334 (Fam. Ct. Monroe County 1980); Bach v. Long Island Jewish Hospital,
49 Misc. 2d 207, 267 N.Y.S. 2d 289 (Sup. Ct. Nassau County 1966).
2) He or she is in the armed services. Zuckerman v. Zuckerman, 154 A.D. 2d 666, 546 N.Y.S. 2d 666
(2d Dept. 1989); Fauser v. Fauser, 50 Misc. 2d 601, 271, N.Y.S. 2d 59 (Fam. Ct. Nassau County 1966).
3) He or she has established a home and is financially independent. Roe v. Doe, 29 N.Y.2d 188,
272 N.E.2d 567, 324 N.Y.S.2d 71 (1971); Knoll v. Kilcher, 100 A.D. 2d 686, 473 N.Y.S. 2d 887
(3rd Dept. 1984); Giovagnioli v. Ft. Orange, 133 N.Y.S. 92 (3rd Dept. 1911); Rosemary v. George,
103 Misc.2d 1036, 427 N.Y.S.2d 553 (Fam. Ct. Dutchess County 1980); Bickford v. Bickford,
83 Misc. 2d 571, 371 N.Y.S. 2d 782 (Fam. Ct. Schenectady County 1975).
4) His or her parent has failed to fulfill parental support obligations and the minor seeks emancipation.
Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130; Murphy v. Murphy, 206 Misc. 2d 228, 133 N.Y.S. 2d 796
(Sup. Ct. Broome County 1954).
Emancipation and New York Child Support
New York child support is paid until the child reaches the age of 21, unless the child is emancipated earlier. What constitutes emancipation is a case by case factual determination. A child attending college away from home is not emancipated. A child not attending college, living at home and working full time may be emancipated. New York child support cannot be terminated simply because a parent believes their child is emancipated. A decision must be obtained from the Family Court or Supreme Court to stop the child support payments
