Constructive Emancipation in New York state?

[Bay1954]

Ny State Child Support Laws

Wow...So glad that you are back CC!

No. Someone born in '64 and has one adult child and one almost adult should be aware that s/he is legally obligated to support said child/ren. EVEN IF said child/ren are doing not what they should.

Gesh...I am 1 year younger that and have two children. I knew about supporting my child/ren in "89. Heck...in '80 long before I had a child. Perhaps it's something my parents tought me.

NY state is one of a few states that says that child support continues until a child is of 21 years of age. This was, apparently, a result of divorce litigation that caused the statute to be changed.

It really does not make much sense, in my opinion, as should a child of divorced parents be matriculated at University, then he/she should be supported until the age of 22 as 22 if normally the age at which a person may be graduated from University. I think this issue should have been considered as a matter of a divorce settlement rather than it becoming statute, in my opinion.


So, here we have it. A "child" is considered an adult in NY State at the age of 18 and can do whatever he or she wants BUT may still petition his or her parents for child support until he or she is 21 years of age. The only "out" is constructive emancipation.

 

[BL]

"No idea who "OP" is either.

Seriously though ,OP = Original Poster.

 

[Kimberley1964]

At the end of the day, somehow this young man derailed. It's easy to blame the parent(s) (and I've done it myself), especially when it is clear s/he/they have been less than attentive. But some kids/people are just problems for whatever reason. In any event, it's moot now with THIS child. Unless there is a sibling involved, the hindsighting, soul-searching and angsting is meaningless.

HOWEVER, this does not mean that this 17yo will be eligible for emancupation - constructive or otherwise. He is living with a parent, by agreement of both parents. As such, he should be supported by both parents. "Fair" or not. A bitter pill to swallow, but there it is.

I was hardly inattentive.

 

[Kimberley1964]

I didn't reread to see the younger child. Then it DOES make sense to look back, soul search, etc. Simply to see if there is *anything* that could have been done differently which may influence the direction of the younger.

My son's sibling is my daughter, who is eighteen months older (just turned 19) than he. I have NEVER had any of these problems with her. No drugs, no drinking, no discipline problems in school, nice group of friends, "saving it" for marriage, graduated h.s. with high honors and is going to Clarkson University for pre-vet, eventually moving on to grad school to study veterinary medicine. She was given $35K in scholarships and was accepted into all eight colleges that she applied for. She was named our local Rotary club's student of the year.

She is respectful and we have a very strong bond.

They both had the same father, they were both raised in the same home with the same set of rules and expectations. One went one way, and one went the other. I have no idea where, or WHY, my son went astray. I was both father and mother to him. I enrolled him in T-ball, and later Rookies. I went to every game. I enrolled him in scouts and went to each meeting and event with him. Later came martial arts classes, private sax lessons, and ski club. I went to meet the teacher night and every concert he was ever in. I taught him how to drive a stick shift and helped him get his first car when he got his license.

I don't do drugs, or drink and never paraded men in and out of my children's lives. As a matter of fact, I waited ten years after my divorce to re-marry because I wanted to focus on raising my children. They only met one man that I was seriously involved with in that ten years. I was always home with them and didn't go out unless it was their weekend with their father.

Was I a perfect parent ? Of course not ! Did I deserve this? NO. I have always been there for my children and supported them. I started losing my son in the eighth grade and could never get him back for anything but very short periods of time. I don't know what happened. I have no idea.

On another note, does anyone know how I can get an information subpoena in New York state? I need to issue several for our trial date and cannot find a template anywhere...have tried the family court, checked the NYS Unified Court system's website..nada. Anyone?

 

[BL]

My son's sibling is my daughter, who is eighteen months older (just turned 19) than he. I have NEVER had any of these problems with her. No drugs, no drinking, no discipline problems in school, nice group of friends, "saving it" for marriage, graduated h.s. with high honors and is going to Clarkson University for pre-vet, eventually moving on to grad school to study veterinary medicine. She was given $35K in scholarships and was accepted into all eight colleges that she applied for. She was named our local Rotary club's student of the year.

She is respectful and we have a very strong bond.

They both had the same father, they were both raised in the same home with the same set of rules and expectations. One went one way, and one went the other. I have no idea where my son went astray.

On another note, does anyone know how I can get an information subpoena in New York state? I need to issue several for our trial date and cannot find a template anywhere...have tried the family court, checked the NYS Unified Court system's website..nada. Anyone?

A Legal Stationary Store perhaps.

 

[Kimberley1964]

My son's sibling is my daughter, who is eighteen months older (just turned 19) than he. I have NEVER had any of these problems with her. No drugs, no drinking, no discipline problems in school, nice group of friends, "saving it" for marriage, graduated h.s. with high honors and is going to Clarkson University for pre-vet, eventually moving on to grad school to study veterinary medicine. She was given $35K in scholarships and was accepted into all eight colleges that she applied for. She was named our local Rotary club's student of the year.

She is respectful and we have a very strong bond.

They both had the same father, they were both raised in the same home with the same set of rules and expectations. One went one way, and one went the other. I have no idea where my son went astray.



A Legal Stationary Store perhaps.

I thought of that. None around here, it's a small town. I'll have to see if I can find one online...?

 

[BL]

I thought of that. None around here, it's a small town. I'll have to see if I can find one online...?

What exact information are you hoping to find out?

CS guidelines and the calculator informations required are pretty straight forward.

 

[Kimberley1964]

What exact information are you hoping to find out?

CS guidelines and the calculator informations required are pretty straight forward.

I want to issue one to one of my ex's employers to get the hours he worked on a specific job, I want to issue one to my son's P.I.N.S counselor to get a certified copy of his file and also to Conifer Park.