Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

CHILD CUSTODY & CHILD SUPPORT

Question #38:
My husband has 2 children from a previous marriage who is now 18 and 20 years old (We live in NY). About 10 years ago they went to child support and he was ordered to pay 25% of his gross amount of earnings. Since then he has been paying faithfully to his ex-wife and has never missed a payment (he pays directly to her-not through the court) Since then they never went back to court. We now have a young son age 6 yrs old and I attend school full time and do not work. My husband and I are having a hard time with bills, etc. He barely can take care of our 6 year old, because a big chunk goes to his ex-wife. He wants me to complete my degree and at the same time support his kids from his ex-wife and us. My question is...how long does he have to pay child support in New York. His ex-wife claims that she spoke to a lawyer and he said as long as her kids are still in college he has to pay, meaning that if his kids are 25...so on...he still has a responsibility. I don't think this is fair. New York State Law claims that at the age 18 you are an adult and at 21 you are legal to drink...which I assume that 21 is not child support...it should be called "ADULT SUPPORT". My question is what is the Legal Age? Is it true what the ex claims?

Answer:
The question of how long one has to provide child support should be specifically addressed in the parties' Separation Agreement.If it is not, see if the Judgment of Divorce discusses the matter. Usually, parties agree to support a child who is attending college full time up till the age of 22 or until graduation, whichever occurs first. It does not usually continue until age 25 unless there are extenuating circumstances such as health or psychological problems of the child which necessitate support for a longer period.

Leonard M. Weiner, Esq./Divorce Solutions
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