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MBaker2

New York State Age of Majority/NCP Support Issue

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"A child who would be able to live at home, but refuses to follow reasonable household rules and who then voluntarily chooses to leave the parental home, will frequently be found by the court to be emancipated." http://www.avvo.com/legal-answers/under-new-york-child-support-laws--at-what-age-doe-15584.html

What is the impact of this on a child who is 19 and moves to NCP's home with regards to child support? There is no change in the custody order and it is my understanding the courts Won't Rule On custody of a child older than 18 in NYS.

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"Is it possible, under any circumstance, for the NCP to now file for child support?"

Certainly.

 

"There was no legitimate reason other than to escape parental control (possible emancipating event?)."

After 18, the child is free to do this, but that obviously doesn't mean (s)he can support him/herself.  If you've googled New York child support after 18, you'd see relevant info.

 

"Can NYS order support without custody being changed?"

Well, custody HAS changed. 

 

"If they won't rule on custody, isn't this a Catch-22?"

No.  They "won't rule on custody" in that they cannot force an 18 year old to live with a particular parent, but that doesn't mean they cannot order you to pay child support.

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I have no idea what the first paragraph of your post (the quote) means, and the quote didn't apparently come from any authoritative source.

 

As for the question in your second paragraph.  If the adult child is now living with the "NCP," then the "NCP" ought to file with the court to terminate the child support obligation.

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