Hello and a question

Hello my name is Laurie I live in NYS. I am the mother of a 19 year old daughter with ADHD. Her father has been paying child support for her for about 7 years now. Until this year she has been attending the local community college. The stress of school was a bit much for her and we have decided with her physicians advice for her to take a year off then return. Her chosen field is early childhood education. While taking this break we decided that she would work with me in my day care. This would give her the experience she needs in a relaxed atmosphere. Her father wants to stop child support as she is not attending college any longer. It was my belief that support continued until she was 21 in NYS. She lives at home and I still support her. My question is.....Does child support conitinue or not?

A child is emancipated for all purposes except for child support. A parent's legal obligation to pay child support ceases when the child attains the age of 21 years. After age 21, unless the parties enter into a contract to do so (like a separation or divorce agreement) there is no legal obligation to pay support or educational expenses, no matter what the need. However, a child may be emancipated (temporarily), for support purposes, prior to age 21 if the child marries, enters the military on a full time basis, or is employed and earning sufficient monies to be self supporting. I use the word temporarily because, for example, if the child ceases employment and returns to college full time prior to age 21, then the child may again be "unemancipated", so the answer is "fact sensitive" until the child attains 21 years of age.

This answer brought to you by someone who knows (i.e. I looked it up).

Good luck.

Thank you. That is what I thought but her father is a domineering ....well he isnt nice. LOL He was insisting that "his laywers" said that he could stop paying support if she stopped going to school. Getting support out of this man has been like pulling teeth ever since we divorced so I was not surprised when he said this. I do not make a great deal of money in my day care and do not have access to lawyers like he does. All I have recieved for my daughter has been fought for on my own. Thank you for bolstering my spine...I will have more confidence when I, once again, face him in court.

I don't believe you necessarily need to wait for court action. If you haven't already attempted this, your NY Department of Child Support Enforcement should be able to provide some assistance until your case can be heard. https://newyorkchildsupport.com/cust...rent_info.html can help answer some questions .. and can enforce the current support order already in effect. In particular, https://newyorkchildsupport.com/cust...nt_info.html#5 should be of some help should your ex feel the need to withhold support payments. Good luck.