Divorce: New York

Divorce: New York

Tag Archives: Unemancipated

Child Support and the Re-Unemancipated Child

Posted in Child Support (C.S.S.A.)
At 18, the child becomes and adult. The parents no longer have custody. However, in New York, the parents’ duty to support does not end until the 21st birthday. On other other hand, the parents’ duty to support may be relieved if a child attains economic independence through employment, entry into military service or marriage.… 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-agreements-and-stipulations
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

Reconciling Agreement Terms: Using “Unemancipated Child” May Have Unintended Consequences

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In its February decision in Fragin v. Fragin, the Second Department interpreted a 1995 separation agreement which survived the entry of the parties’ 1995 divorce judgment. Pursuant to that agreement, the ex-wife was obligated to contribute to the basic graduate school expenses of the parties’ unemancipated children. However, in fact and not surprisingly, at the time the children… Continue Reading