Child support payments are paid by one parent until the child obtains the age of 21 or is legally emancipated whichever event occurs first. After this, the parent who pays child support is released from their child support obligation.

A mother who was unable to take care of her son moved out of New York to live with her family. However, her son did not want to go with her, so he decided to remain in New York and move in with his father, as reported by the Examiner in an April 1, 2013 article. The father owns his own trucking company. However, the mother was still ordered to make child support payments to him, even though she did not have a job or financial assets. Moreover, the child emancipated himself by joining the United States Marines in 2010; however the father continued to receive child support payments for the child.

The mother had no money for legal representation so when she contacted New York States’ legal aid, which is a free service, she was told that the father did nothing wrong as he is under no responsibility to inform the court that his son does not live with him. Since the court is not aware of the emancipation, the mother is still legally required to provide child support. Currently, the mother’s account are drained because the government took out money for child support, and now the government has attached  to her retirement fund to pay for child support for the emancipated child.

If you have a question about child support, then you should contact an experienced and qualified attorney. Jayson Lutzky handles family court matters, including child support and child custody. He has 30 years of experience practicing law and has represented thousands of satisfied clients. Call 718-514-6619 to set up a free, confidential in person consultation in Mr. Lutzky’s Bronx, NY office. Visit www.MyNewYorkCityLawyer.com for more.