If my 18-year old moves out on her own, do I have to pay child support in NY State?
My 18-year old daughter (who is halfway through her senior year of high school) has decided that my insistence that she clean up after herself is just unreasonable and too much to bear, so she moved out in a bratty, middle class huff and moved in with her girlfriend. I had custody of her as a minor, but I'd suppose that's irrelevant now that she's 18. She left of her own accord and is not staying with her mother or any other family. She has a job at which she makes maybe $150/wk. We live in Brooklyn. Am I legally obligated to pay her child support? Does the fact that she's not living with other family and has a job matter?
Please don't answer unless you're in the legal field or have been through something similar. Vague references to the law are unhelpful. I can Google, too :D
- Artemis AgroteraLv 77 years agoFavorite Answer
If your daughter had moved in with her mother (or with another responsible adult with your permission) and was still enrolled and attending high school, you would likely be required to pay child support to the adult who was supporting your daughter.
But a parent NEVER has to pay the child support to the child.
And in this situation, your daughter decided she was a grown woman (as opposed to a dependent child). Grown woman are not supported by or entitled to be supported by their parents.
The fact she has a job is irrelevant. The fact that she is 18 and has chosen to move out of her custodial parents' home is what is relevant.
If she is demanding that you support her, you can certainly tell her that you will support her as long as she is living under your roof, attending high school full time, and obeying your rules. But if she wants to be free from parental rules, she is also free from parental support. (It goes directly to that whole "you can't have your cake and eat it, too" concept.)
- lwhhowLv 77 years ago
Wow. I hate these serious questions on Yahoo.
But this is a serious question.....And the serious answer is.....
I'm sorry, but your stuck with her (and so equally is her Mom) (NY law) until she's as much as 19 1/2 years or graduates High School (whichever comes sooner). A lot of kids because of their birth date and when they started school are still 18 when their in their 'senior year'....The law since the 1990's says they have an extra year to graduate till their 19 or even 19 1/2 (depending on their birth date).....of course they have to be in school during this time, or trying to be in school, not in jail etc. But legally the support obligation continues as long as their making progress in school between 18-19/half.
Yes I've been there, and two 18 year olds on a $150 a week couldn't last a month in Brooklyn. At least she's working and trying. If your her Dad, then I'd say 'go easy'......if you supported her this far then why not finish the job.....see her though high school, get her to go back to school or home if she left.....Hope this answer helps..........
- Lynn BodoniLv 77 years ago
Child support never goes to the child, but to the custodial parent of the child. If she's 18, then your child support obligations are almost certainly terminated. If you owe BACK child support, then this debt is still valid, but you owe the debt to her mother (or whoever was her legal guardian at the time).
In some cases, child support is ordered to continue past the age of 18, but it's generally for college. If she isn't in college, if she's living on her own, but the decree says that you have to pay support until she's 21 or 22, I'd say you should go back to court and lay out the facts.
- bastLv 44 years ago
You have to examine with the family legislation in new york. But i have yet to hear of them altering the regulation on when little one support ends. A co-employee of mine has a now 18 12 months old, and not gets youngster help from her father. I do know the order i have for my son states, that little one aid ends with when he becomes an grownup, 18. That stinks that you two have a father like that. Good good fortune to you both.
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- Anonymous7 years ago
It depends on what your child support agreement stipulates. And if someone else be claiming her as a dependant on taxes, or if she is actually fully self-supporting.
- 7 years ago
child support ends at 18.