LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #41

We were married and divorced in New York. I am the mother of 2 children whom I agreed would be better off due to financial reasons to stay with their father. Their father and I agreed that he would not have to pay child support in exchange for my waiving any right to his stock/pension/etc. that the court awarded me. Now, ten years later, my youngest is 21 years old. What is the time frame that my ex could say he never received child support and then come after me for back support??  

Usually, the date of the emancipation of the children is defined in the Separation Agreement or in the Judgment of Divorce.
It is generally 21 years of age unless the child is going to college full time, or there are some other extenuating circumstances such as the child has a disability or sickness.

This is one of many reasons why it is essential to use an experienced matrimonial attorney to prepare your separation and divorce papers so that you can be sure that all the important matters have been addressed.
Leonard M. Weiner, Esq./Divorce Solutions

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