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New York state law covers several aspects of child support, from who is responsible for child support when parents are separated to how old children must be before they are no longer entitled to financial support, when that obligation can end and when it can be extended.
In cases where a child is considered emancipated, parents are no longer legally required to support them financially. There are different situations in which a child may be considered emancipated.
How old do parents have to support their children under state law?
In New York, both parents are required to provide financial support and health insurance coverage for their children until age 21. This obligation can be extended to age 26 when children have a developmental disability and remain financially dependent on their parents.
In the case of married parents, both are responsible for contributing financially to their children’s care. If one refuses to help cover expenses, the other can request a child support order.
When parents are separated, the custodial parent may receive support from the other parent, even if they have enough money to support the child without financial help.
If the child is in foster care, both parents must contribute financially to their support.
In what cases can child support end early?
Under state law, parents must financially support their children until they turn 21 or become emancipated.
A child is considered emancipated when they stop living with their parents and can support themselves. However, if they remain financially dependent on either parent, they are not considered emancipated.
In addition, an emancipated child can become financially dependent on their parents again before turning 21.
When is a child considered emancipated?
A child under 21 may be considered emancipated when any of the following situations occurs:
- Gets married.
- Enters military service.
- Is at least 18 and works full time. Summer or vacation jobs are not considered.
- Leaves the family home permanently and cuts ties with both parents without a valid reason. This does not apply when the child leaves home because of abuse by one of the parents or similar circumstances.