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Child Moves in With Roommate for College

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Baruchian

Junior Member
What is the name of your state? NY
Is it possible that the non-custodial parent can cancel child support if the child moves in with a roommate for college off-campus and does not live with the custodial parent for the year? Key Facts:
Child Support is paid in full to the child.
Child visits both parents.
Child does not support him/her-self.
Child will be claimed as a dependent on the custodial parent's taxes.

Would the child be considered emancipated under these circumstances?
 


LdiJ

Senior Member
What is the name of your state? NY
Is it possible that the non-custodial parent can cancel child support if the child moves in with a roommate for college off-campus and does not live with the custodial parent for the year? Key Facts:
Child Support is paid in full to the child.
Child visits both parents.
Child does not support him/her-self.
Child will be claimed as a dependent on the custodial parent's taxes.

Would the child be considered emancipated under these circumstances?
I doubt it. College does not emancipate a child. The child is not supporting himself/herself. Living in an apartment with a roommate vs living in a dorm is a normal housing method for college. I don't see any element here that would be emancipation under NY law.
 

BL

Senior Member
What is the name of your state? NY
Is it possible that the non-custodial parent can cancel child support if the child moves in with a roommate for college off-campus and does not live with the custodial parent for the year? Key Facts:
Child Support is paid in full to the child.
Child visits both parents.
Child does not support him/her-self.
Child will be claimed as a dependent on the custodial parent's taxes.

Would the child be considered emancipated under these circumstances?

http://www.empirestatecoalition.org/emanc.html
 

nextwife

Senior Member
How old is the child? In NY CS would go to age 21, unless there is also a provision for college.

If they are OLDER than 21, the NCP may indeed be able to stop CS.
 
Last edited:

BL

Senior Member
What is the name of your state? NY
Is it possible that the non-custodial parent can cancel child support if the child moves in with a roommate for college off-campus and does not live with the custodial parent for the year? Key Facts:
Child Support is paid in full to the child.
Child visits both parents.
Child does not support him/her-self.
Child will be claimed as a dependent on the custodial parent's taxes.

Would the child be considered emancipated under these circumstances?
No , but read your orders , and read the link I provided .
 

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