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  1. #1
    Join Date
    Jul 2014
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    Default 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.

  2. #2
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    Default Re: What Are New York States Laws Regarding Emancipation

    Short answer: No.

  3. #3
    Join Date
    Jul 2014
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    Default 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.

  4. #4
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    Default 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.

  5. #5
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    Default Re: What Are New York States Laws Regarding Emancipation

    And NY orders cover the children until they are 21 usually.

  6. #6
    Join Date
    Jul 2014
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    Default 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.

  7. #7
    Join Date
    Feb 2011
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    576

    Default Re: When is a Child Emancipated for Child Support Purposes in New York

    Quote Quoting BnbReilly
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    ... 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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