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In New York State, parents have a duty to financially support their children and can be directed by the Supreme Court or Family Court to pay child support in a fair and reasonable sum, if found to possess sufficient means or to have the ability to earn such means. The parents’ obligation to financially support a child continues until the child’s 21st birthday, unless the child emancipates earlier. A child’s emancipation may occur under the following six scenarios:
            1.        The child marries, regardless of whether the marriage is later determined to be void or voidable or terminates by death, divorce, annulment, dissolution or in any other manner;
            2.        The child enters the armed forces of the United States or of any other country or political entity;
            3.        The child dies;
            4.        The child ceases to permanently reside with either parent. However, a child is not emancipated if he or she resides away from both parents’ homes to attend college, reside at a boarding school or camp, or in conjunction with summer employment between college semesters while the child remains a full-time student;
            5.        The child attains the age of 18 years and becomes employed on a full-time basis. However, the child is not emancipated if he or she obtains full-time summer employment while attending college as a full-time student; and
            6.        The child constructively emancipates by unreasonably refusing all contact and visitation with the non-custodial parent who was paying child support on his or her behalf, thereby forfeiting his or her right to such financial support.
 A parent’s duty to support a child under 21 years old may resume even if the child was previously deemed emancipated. For instance, if a child under 21 years old had previously resided away from both parents’ homes but later returned to reside with one parent, that parent has the right to petition for and receive child support in a fair and reasonable sum from the other parent, even though the child was previously emancipated. Similarly, if a child between the ages of 18 and 21 years was working full time but later decided to instead attend college on a full-time basis, the parents would be responsible for his or her financial support until he or she turned 21 years old.
Parents may agree to extend their duty of support for their children past the child’s 21st birthday. For instance, most children attending college do not graduate until they have reached the age of 22 or 23 years old, or even older. In the interim, they still require financial assistance to pay for shelter, food and clothing. Parents have the ability to agree that child support obligations continue until the child graduates from college, graduate school or until some other event or time period.
