Divorce: New York

Divorce: New York

Tag Archives: Emancipation

Child Support Continues: Full-Time College Student With Own Apartment When Not At School Does Not Reside “Full-Time Away From the Home of the Mother”

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
The fact that a father set his daughter up with her own apartment when not away at college could not be used by the father as a basis to discontinue making child support payments to the mother. Such was the holding in Trepel v. Trepel, a July 12, 2013 decision New York County Supreme Court Justice Lori … Continue Reading

Emancipation Of One Child Does Not Automatically Result in a Downward Modification of Unallocated Child Support

Posted in Child Support (C.S.S.A.), Modification
The emancipation of a child does not automatically result in the downward modification of an unallocated order of child support. Rather, the support payor has the burden of proving that the existing  amount of unallocated child support is excessive based on the needs of the remaining unemancipated children. Such was the holding of the Appellate … Continue Reading

Mother Fails to Establish Alienation Defense to Father’s Child Support Claim

Posted in Child Support (C.S.S.A.)
If a judge, and particularly one held in as high regard as former New York County Supreme Court Justice Jacqueline W. Silberman, tells you that you have contributed to your “fractured relationship” with your child and recommends counseling/therapy, you should probably follow the advice. The parents of a now-19 year old son have been engaged … Continue Reading

Child’s Economic Independence, Not Full-Time Employment, Signals End of Support Obligation

Posted in Child Support (C.S.S.A.)
At age 18, the child becomes an adult, legally beyond the reach of parental decisions. However, not until age 21 does the legal obligation to support that child come to an end (unless extended by agreement). A parent’s obligation to support may end (or be suspended) before that, as when a child marries, enters the armed forces, or … Continue Reading