How Long Do I Have to Pay Child Support in New York State?

Generally speaking, most parents will be paying child support until their child turns 21 years of age. There are, however, exceptions to this rule. For example, child support payments can be terminated if the child is emancipated. This means that the child is self-supporting and no longer lives with their parents. A child under the age of 21 can become emancipated if they:

• join the military
• get married
• are between 17 and 21 years old and leave their parents’ home (excluding instances where the child lives to escape neglect abuse or other similar issues)
• are at least 18 years of age and work full-time to support themselves

According to New York Domestic Relations Law § 240-D, a parent can also be required to pay child support if their child has a developmental disability. In that case, the parent would be on the hook for paying child support until the child turned 26 years of age. Under the law, a developmental disability is defined as a disability that can be attributed to an intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, autism, or any other disability that closely relates to an intellectual disability. Further, the condition must originate before the individual is 22 years of age. The condition is also expected to continue indefinitely and impacts a person’s ability to function within society substantially.

Can I start making child support payments if I lose my visitation rights? 

Visitation and child support orders are considered entirely independent of one another. This means that you must pay court-ordered child support regardless of your ability to see or visit your child. That being said, you can take legal action against the other parent if they refuse to allow you to see your children and you have court-ordered visitation privileges. But you can never withhold child support under any circumstances. If you do you may face consequences.

What are the consequences of not paying child support? 

Those who fail to make child support payments can face serious consequences. Those include:

• You can be required to pay a larger amount. Those who missed child support payments can face penalties of up to 50% above the court-ordered amount until they catch up on the missed payments.
• You can lose your tax refund and lottery winnings. The office of child support enforcement will intercept your refund check when you have past due child support. Those who owe at least $50 will have their state refund garnished. Those who owe $500 or more will have their federal income tax garnished. Those who owe more than $50.00 in back child support will have their lottery winnings intercepted.
• Your driver’s license can be suspended.
• Your credit score will be affected.
• Your assets can be seized.
• Your passport application can be denied.
• Your business and professional license applications can be denied.

Talk to a Westchester County divorce lawyer today 

The Law Office of Robert S Sunshine represents the interests of Westchester County residents in all matters related to family law and divorce. Call our Westchester County divorce lawyers today to schedule an appointment, and we can begin discussing your next steps right away.