Child Support will end upon the child reaching the age of 21 or is sooner emancipated by way of his or her’s actions.
In New York, a parent’s duty to support their child lasts until the child is emancipated. FCA § 413. The child may be deemed emancipated by any number of events, including, not necessarily limited to:
- Reaching the age of twenty-one (21) years;
- Marriage, even if void, voidable or annulled;
- Death;
- Entry into the armed forces of the United States or a United States Service Academy;
- Becoming substantially self-supporting, although substantial self-support shall not involve part-time school year employment or full time employment during summer recess from school; or
- Permanent residency away from the custodial parents.
Thus, in New York, child support will end, at the very latest, when the child turns 21 years old, unless the parent contractually obligates them-self to do so by expressly agreeing, in unmistakable terms, to pay child support past the child reaching the age of 21. Hoffman v. Hoffman, 122 A.D.2d 583 (4th Dept. 1986); Gray v. Pashkow, 173 A.D.2d 1100 (3d Dept. 1991).
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