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When is a Child Emancipated for Child Support Purposes in New York

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  • 07-08-2014, 10:53 AM
    BnbReilly
    When is a Child Emancipated for Child Support Purposes in New York
    My question involves child support in the State of: New York

    My husband has 2 children who 2 1/2 yrs ago effectively at their mother's urging stopped seeing or talking to him. My husband went to court for help in reestablishing a relationship with the children but the court said that as long as the custodial parent was encouraging their behavior there wasn't anything the court could do.

    Now, my husband's ex is attempting to force my husband to take loans in excess of 20,000 for their son's college expenses. The child hasn't applied for any other student loans except for FAFSA to which he received only 5,000.00 on a 28,000.00 college bill for the semester. No effort was made on his sons part to talk to his father, or for the mother to try to discuss options with my husband. My question is this, if because both the children (ages 18 & 17) have said and in turn acted as they want nothing to do with their father, no contact, calls, face to face etc. are they now considered emancipated from him, in the eyes of the court if we take this back to court ? And if so would my husbands child support obligations end, or be able to be modified?

    Thank you for any answers.
  • 07-08-2014, 11:04 AM
    BooRennie
    Re: What Are New York States Laws Regarding Emancipation
    Short answer: No.
  • 07-08-2014, 11:09 AM
    BnbReilly
    Re: What Are New York States Laws Regarding Emancipation
    Thank you for your answer, but it is not helpful. I have looked and found conflicting information on this topic. I was hoping for some sort of actual explanation regarding NYS law.
  • 07-08-2014, 11:27 AM
    LawResearcherMissy
    Re: What Are New York States Laws Regarding Emancipation
    The slightly longer answer is that child support and visitation are two completely separate issues. Paying child support is not an admission ticket.

    In other words, paying to support the children he helped create is his legal and moral obligation, regardless of whether he has a relationship with them. That's the case in all 50 states.
  • 07-08-2014, 12:20 PM
    BooRennie
    Re: What Are New York States Laws Regarding Emancipation
    And NY orders cover the children until they are 21 usually.
  • 07-08-2014, 12:51 PM
    BnbReilly
    Re: What Are New York States Laws Regarding Emancipation
    Thank you for you input both of you... I'm finding conflicting information on NYS's Family law website. I guess we're going to have to have our attorney involved again.
  • 07-08-2014, 12:57 PM
    llworking
    Re: What Are New York States Laws Regarding Emancipation
    Quote:

    Quoting BnbReilly
    View Post
    Thank you for you input both of you... I'm finding conflicting information on NYS's Family law website. I guess we're going to have to have our attorney involved again.

    I believe that I know what is confusing you. A child can be emancipated before the age of 21 in NY but in different circumstances than you are imagining. A child over the age of 18 who refuses to live in EITHER of their parent's homes can be emancipated. However, that is emancipation in general, its not emancipation from child support...particularly in the case where there is a custodial parent and the child is living with the custodial parent.

    Where your husband may have some leverage is with college expenses, depending upon how their court orders are worded.

    I do agree that since you do not want to accept what is being explained to you here, that its best that your husband consult a local family law attorney.
  • 07-08-2014, 12:58 PM
    mmmagique
    Re: What Are New York States Laws Regarding Emancipation
    Exactly *what* conflicting information are you finding?
  • 07-15-2014, 05:54 PM
    ny_dad
    Re: What Are New York States Laws Regarding Emancipation
    Although it's possible to make a case that the children are emancipated because they refuse to have a relationship with their father, courts are somewhat resistant to ruling in this manner. So in short, yes it's possible to emancipate a child who refuses contact with a parent but it's a crapshoot, completely at the discretion of the courts. If the court decides that dad had anything to do with the estrangment then you will not win the case, and you can bet your bottom dollar that if this thing goes to court, the opposition will make dad out to be the worst parent on the face of the planet.
  • 07-15-2014, 08:43 PM
    tex11
    Re: When is a Child Emancipated for Child Support Purposes in New York
    Quote:

    Quoting BnbReilly
    View Post
    ... My husband went to court for help in reestablishing a relationship with the children but the court said that as long as the custodial parent was encouraging their behavior there wasn't anything the court could do...

    Was your husband represented by an attorney at that time??
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