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New York State Child Support Automatically Terminates at 21 ?

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padd

Junior Member
What is the name of your state (only U.S. law)? New York

Hi,

I have two children from a previous relationship in NY. I have been paying support diligently and have never had an issue making my payments on time.

One of the children will turn 21 within a few months.

Does child support end automatically for the “child” (adult) that turns 21 ? The children’s mother and I were never married; there are no special provisions in the support order calling for support after the age of 21 for college, etc.

Do I have to petition the court to reduce support ? I understand that the payments will continue for the child under 21. Will New York Child support services ‘auto’ fix the amount ?

If I petition the court, will we have re-introduce our financial statements ? I am not in contact with the children’s mother. We are both gainfully employed, but fighting a long distance battle ( I don’t live in NY State) through attorneys is not what I want to do. Also, I believe that she owns her own business, so there is a lot of leeway or what she can claim her income currently is.

Thanks

What is the name of your state (only U.S. law)? New YorkWhat is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? New York

Hi,

I have two children from a previous relationship in NY. I have been paying support diligently and have never had an issue making my payments on time.

One of the children will turn 21 within a few months.

Does child support end automatically for the “child” (adult) that turns 21 ? The children’s mother and I were never married; there are no special provisions in the support order calling for support after the age of 21 for college, etc.

Do I have to petition the court to reduce support ? I understand that the payments will continue for the child under 21. Will New York Child support services ‘auto’ fix the amount ?

If I petition the court, will we have re-introduce our financial statements ? I am not in contact with the children’s mother. We are both gainfully employed, but fighting a long distance battle ( I don’t live in NY State) through attorneys is not what I want to do. Also, I believe that she owns her own business, so there is a lot of leeway or what she can claim her income currently is.

Thanks

What is the name of your state (only U.S. law)? New YorkWhat is the name of your state (only U.S. law)?
You'll need to file a petition to have the order modifed. Yes, both of you will have to fill out new financial statements.

When was the order issued, or alst modified?

If your income has increased since then, you might want to run the numbers through a calculator to see if there will be a decrease or not.
 

padd

Junior Member
You'll need to file a petition to have the order modifed. Yes, both of you will have to fill out new financial statements.

When was the order issued, or alst modified?

If your income has increased since then, you might want to run the numbers through a calculator to see if there will be a decrease or not.
The order was issued in 2003, and it has not been modified since then.

My income has increased since then, so I have been looking for a New York state calculator, but the only one that I could find is on alllaw.com

I have received notices in he mail yearly to adjust support based on cost of living, but the mother has never re-approached court, because I believe that she is gainfully employed.

I am weighing whether the cost of filing (attorneys' fees) is worth it.
 

BL

Senior Member
New York State Child Support Standards Act.

New York Child Support Standards Act - Child Support Worksheet — DivorceNet

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:

It is my understanding that if you pay to a CSEU the electronic Central registry will pick up that the child(ren) turn 21 and end collection .

You have two children though and flag may pop up and the local CSEU may re-evaluate the matter .

Try contacting for clarification.

NYS Child Support Processing Center
PO Box 15363
Albany, NY 12212
Phone: 1-888-208-4485
 
Last edited:

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