New York Terminating Child Support
A terminate child support lawyer in New York can help you if you believe that there are serious circumstances in your family situation that warrant the termination of child support. A terminate child support attorney in New York will be able to evaluate the facts in your individual case and tell you whether or not your case is applicable for termination of child support. You can also request other modifications of child support if you can show that major changes in circumstances have occurred.
Child support in New York state is a very complex facet of the law and one that has small distinctions that can have a major impact on a parent's obligation to pay child support or a parent's ability to receive child support.
A child support lawyer should be maintained by both parties at all phases of the case because modification of child support such as raising or lowering the amount is an issue most commonly brought up after the initial child support order has been put in place. Either party can benefit from the legal insight of an experienced terminate child support lawyer in New York who has handled cases like this before.
Typically, parents are liable for child support for their children through the age of 21 but not beyond. However, child support liability will terminate upon certain life events even if the child has not yet achieved this marker of 21 years. These events include a divorce settlement or stipulation that mandates that one party continue to pay child support beyond age 21.
A written agreement developed by the parties that includes an understanding that one of these parties will be paying child support longer than that can be used as well. Parents cannot be compelled however, to pay child support for children over 21 years of age and if you or your former spouse are unable to come to terms with this, you may not be able to receive additional child support from the parent in question.
One parent might want to lower child support in advance of the child’s 18th birthday. The court will allow a review of this information based on the child’s circumstances and whether or not the parent has experienced some major change in their life as well. Not all cases will be applicable for the court to review a request to lower child support.
Typically, child support terminates at age 21 although the parent may continue to provide some unofficial child support to the kid in question. Parents furthermore, cannot be compelled to pay for education expenses for a child over 21 years of age unless the parents have previously agreed to do so in writing. This type of agreement is typically found in divorce cases, however. Life events that can terminate a child support obligation include:
- Marriage of the child
- The child habitually residing with a person of the opposite sex
- Death of the wife or the child
- Permanent residence located away from the custodial parent
- Attainment of 21 years of age
- Entry into the armed forces
- Engagement in full-time employment by the child
- Change of residential custody from a custodial to a non-custodial parent
- Child support may be prospectively suspended if the non-custodial parent was denied visitation or if the custodial parent inappropriately interfered with that visitation
The non-custodial parent is responsible for bringing forward the paperwork to terminate child support to get a court order to have the payments stopped. You should never wait on the custodial parent to do this. It is always better to be proactive and to schedule a consultation with an experienced terminate child support attorney in New York.