When Can I Terminate Child Support in New York?
Child support can be a complex matter. If you pay court-ordered child support, you may be wondering how and when you can terminate these payments. Read on to learn more about terminating child support in New York.
What is child support?
The purpose of child support is to ensure that the child’s standard of living is the same as, or better than the divorce. Generally, child support will be paid to the custodial parent. The custodial parent is the parent with whom the child stays most nights of the week. As a result, this parent may pay more for necessities like food, clothing, and more. Child support should help alleviate some of these costs.
How is child support determined?
New York has a formula used to determine child support payments. This formula is as follows:
- 17% for 1 child
- 25% for 2 children
- 29% for 3 children
- 31% for 4 children
- 35% for five or more children
When can child support end?
It is important to understand that you cannot change or end child support payments without permission from the court. Generally, child support can end once the child reaches the age of emancipation. However, this deadline is not set in stone. In New York, the age of emancipation is typically 21 years old.
Why would child support be extended?
In some cases, child support will end once the child reaches the age of emancipation. However, there are common reasons to extend child support. For example, if the child decides to pursue higher education, child support may need to be extended.
Why would child support be terminated early?
On the other hand, there are numerous reasons to terminate child support before the child reaches the age of emancipation. If you can prove to the court that your child is financially independent and no longer needs support, payments can end.
What if I don’t pay child support?
If you take it upon yourself to stop paying child support without permission from the court, you can find yourself in serious trouble. In order to enforce child support, the court may order the following:
- Wage garnishments
- Wage assignments
- Contempt of court decrees
- Seizure of the non-payer’s property by writ of execution
If you have any questions about child support in New York, our firm is here to help. Reach out today to speak with an experienced family law attorney.
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If you are faced with a family law matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.