1.What is the Law in New York Regarding Termination of Child Support?
The state of New York requires child support payments to continue until the child reaches 21 unless otherwise agreed upon in a court order. Even after turning 21, there are some instances in which child support may still be required due to special circumstances where the child is still dependent on parental support such as attending college or technical school. Unless specifically addressed by a court order, most parents in New York who have been ordered by a court to make payments assume that their obligations will end when the child reaches 18 years old. This can be an undesirable situation for either parent; the parent receiving payment might find themselves unable to keep up with sudden expenses while the paying parent could find himself responsible for more debt than he expected.
Fortunately, there are means to legally alter a preexisting court-ordered agreement through both informal negotiation and formal modification processes. A legal family law attorney can provide assistance for these steps as well as advice on how to navigate termination of support if both parties do not come to an amicable agreement.
Informal Negotiation: In this instance, both parties who were subjected to the original court order must both agree upon changes that fit their current financial situations and familial dynamics. If successful, this option results in less stress since it does not involve going back before a judge or paying hefty attorney defenses or fees associated with modifications under formal proceedings.
Formal Modification Procedure: In certain cases it is necessary or beneficial for one party (or sometimes both) to modify
2.What are Common Reasons a Judge May Order Termination of Child Support in New York?
When parents face divorce, or are unmarried, a judge may order termination of child support in certain cases. In New York, there are several reasons why a judge would decide to terminate a parent’s obligation to pay child support.
The first is when the parties reach an agreement and stipulate that the payments should end at some point. This recourse is often seen as more convenient and cost effective than having the court intervene on termination matters. An agreed upon stipulation must be made in writing and signed off by all involved parties before it can take effect. If this method is used, the court will formally enshrine the agreement for it to take effect accordance with the Child Support Standards Act.
Another common reason for courts ordering termination of child support has to do with age restrictions set out by state law that dictate when parental obligations come to an end – referred to as emancipation of a child. Generally speaking in New York State, all children under 21 years old remain legally dependent upon their parents and thus they continue to receive financial support up until that age, unless otherwise specified by either party’s parenting plan or court order (known collectively as ‘child custody arrangements’). When a child has reached his/her legal majority status at 21 years old (or under special circumstances if they have graduated high school but not yet turned 21), then both parents are released from further obligation regarding payment of money towards said minor’s wellbeing.
New York also
3.When Does New York Consider A Child Emancipated and Eligible for Termination of Support?
When a child is considered “emancipated” in New York, they are no longer eligible for financial support from their parents. This means that the parents are not legally obligated to provide any form of financial assistance such as food, housing, clothing or educational costs.
Emancipation can occur when a child reaches majority and/or when certain conditions outside of this age threshold are met. In New York State, the age of majority is 18 years old unless otherwise stated in a relevant court order or legal agreement between both parties. If the parent attempts to terminate support prior to the age of majority, a court may deem it inappropriate depending on the circumstances and act accordingly with whatever outcome it deems necessary.
In addition to reaching legal adulthood, there are several other qualifying conditions for emancipation status in New York State which could determine whether or not a child is suitable for termination of parental support: 1) marriage; 2) joining uniformed services; 3) entering into a valid labor contract; 4) earning enough income for self-support; 5) graduation from secondary school with an equivalency diploma; 6) engaging in independent economic activities and demonstrating economic independence; 7) having serious disapproval from home or running away from home by choice (with no reasonable cause); 
abandonment by the parents resulting in 1-year passage prior filing of emancipation action 9), decease of one parent creating need to assume responsibility themselves; 10), willful neglect and abuse perpetrated by either
4.How Can I Request Modification or Termination of My Child Support Order in New York?
On occasions when the custodial parent or non-custodial parent wish to terminate a child support order in New York, they can do so through Child Support Modification Order (CSMO) or Child Support Termination Order (CSTO).
Child support modification orders are filed with the court system and require the approval of family court judges, who take into account a child’s best interests before making any decisions. To modify an existing child support order, both parties must provide proof that there has been a significant change in circumstances since the original order was established. Examples include loss of employment, change in income level or unanticipated health costs related to either party. After filing the CSMO, both parties will meet with a family court judge for a hearing where their information is presented for review and consideration. The judge then renders an opinion on whether any modifications should be made based on supporting evidence and current guidelines set forth by New York State law.
Child support termination orders signal that parents no longer need or want financial assistance from one another related to their children’s care expenses. This most often occurs when sponsored children move out of state and are no longer age eligible; however, CSTOs may also be used if it can be demonstrated via reliable sources such as legal documents or medical records that financial obligations can be fulfilled independently. Parents wishing to terminate their child support obligations in such cases must submit an application form along with all necessary documents supporting their claims so that Family Court judges
