Buffalo Divorce Attorney Explains When You Can Stop Paying Child Support

As a skilled Buffalo Divorce Attorney, I often get questions from clients asking how long they are required to pay child support in New York. Child support will generally terminate at the age of 21. There are certain emancipating acts that can terminate or cause the child support to be terminated prior to the age of 21. If the child is emancipated, moved out of the non-custodial parent’s residence, is fully self-supportive and not in need of support from either of the parents, then the courts will direct that child support be terminated. Typical situations that give rise to this would be where the child gets married before the age of 21, moves out of the house starting their own family, goes into the armed service, fully self-supportive, or no longer in need of child support. Those are typical arrangements that are very easily proved. If the child moves out of the custodial parent’s residence and then goes to live with a girl/boyfriend, there then could be an issue under those circumstances as to whether or not the child’s living at home part-time, living with the girl/boyfriend part-time, is the child working or have their own income. Under those circumstances, it is best to file a petition in family court to have the child support terminated and to have it adjudicated permanently so that you don’t have any issue of arrears or a claim for arrears coming up in the future.