Emancipation of a 19-Year-Old in New York State
In NYS is parent responsible to pay for recommended dental surgery or any other future medical care for the following situation for a 19 yo who refuses to come home and follow reasonable rules?
19 yo intent to remove self from home and parental authority for no reasonable reason - just wants to make his own decisions. 19 yo still wants money from parents, including paying for a dental surgery that has been recommended. 19 yo unable to support self and lives off friends. Because 19 yo no longer lives under parental authority health coverage is denied this child under current policy.
Re: Emancipation of a 19-Year-Old in New York State
Are you talking about a post-divorce situation, where a child support order is in effect? If so, and the support order lasts until the age of twenty-one, you would need valid grounds to terminate the support order. You don't have to give money to an adult child.
Re: Emancipation of a 19-Year-Old in New York State
We are just a normal family, no divorce or legal proceedings. NYS law states medical paid until 21 so we are concerned. 19 yo has hooked up with other adults in late 30's to live with (no significant other type situation). 19 yo wants to be independent of parental home and authority to do whatever - has turned back on family. Now asking for help paying for medical and dental problems and our insurance dropped child for living elsewhere. 19yo just making really bad decisions that impact our financial situation severely. 19 yo does not care if we are forced to drop from medical plan - it is not our choice - 19 yo just expects us to pay.
19yo simply refuses to do anything to help self and lives off others. We would welcome child back anytime child decides to follow our very reasonable rules but do not feel we should support lifestyle we cannot condone.
Thank you for any opinion. we are confused.
Re: Emancipation of a 19-Year-Old in New York State
I know that a custody court can order support through the age of 21. Is there a particular law that you're referencing for a broader obligation?
Re: Emancipation of a 19-Year-Old in New York State
I think it falls under child support and obligations of parent to support child until age 21 as long as child is under parent aurthority and follows reasonable home rules. Following posts here, I see that NYS is age 21 for releasing parents from support obligations, but cases I have viewed on internet are unclear if parent is freed from providing medical care until 21 if child has turned back on family. 19 yo does not support self in terms of law, therefore appears we could be responsible for medical care. Without medical coverage, that could run tens of thousands if hospitalization ocurs before age 21.
I guess the next question would be, would 19 yo be required to sue us for support of medical care and does this child have a case?
Thank you very much for your time.
Re: Emancipation of a 19-Year-Old in New York State
I cannot interpret a law that I haven't seen and cannot find. Perhaps somebody else will know, or a local family lawyer can advise you.
Re: Emancipation of a 19-Year-Old in New York State
New York State Domestic Relations Law 32 and Family Court Act 413
Does this help?
Re: Emancipation of a 19-Year-Old in New York State
Quote:
Quoting
1concernedparent
New York State Domestic Relations Law 32
That doesn't exist.
Quote:
Quoting 1concernedparent
and Family Court Act 413
That appears relevant to child support proceedings between parents. This section seems more relevant to you:
Quote:
Quoting Family Court Act § 415. Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
Except as otherwise provided by law, the spouse or parent of a recipient of public assistance or care or of a person liable to become in need thereof or of a patient in an institution in the department of mental hygiene, if of sufficient ability, is responsible for the support of such person or patient, provided that a parent shall be responsible only for the support of his child or children who have not attained the age of twenty-one years. In its discretion, the court may require any such person to contribute a fair and reasonable sum for the support of such relative and may apportion the costs of such support among such persons as may be just and appropriate in view of the needs of the petitioner and the other circumstances of the case and their respective means. Step-parents shall in like manner be responsible for the support of children under the age of twenty-one years.