Question #36: My son who is 18 quit school in January against the wishes of his Mother and I. He has since gotten a full time job but continues to live with his Mother. He will be 19 in August, I have continued to pay child support, but feel that he is old enough now to be responsible for himself. Our support agreement was never done through the courts it was just a mutual agreement between my ex and me. I plan to stop the support when my son turns 19 next month, but wonder about my legal rights to do so. I have not had any contact with my son for almost a year, which is by his choosing. I have called on a regular basis but my calls are never returned. On the occasions when I have reached his Mother her only response is that she cannot make him call me. I believe this all stemmed from my disagreeing with his choice to quit school. Any advice or help would be appreciated. We both live in NY. Thank You!

Answer:
In order to properly answer your question, I would have to see the Judgment of Divorce, signed by the court. You say you do not have a “support agreement” but rather a “mutual agreement” between you and your ex. I would have to see that agreement to review, whether in fact, it discusses the issue of child support. Generally, the child becomes emancipated at 18 years old if he or she does not continue on to higher education, especially if the child is working full time.

Therefore, in the absence of any agreement to the contrary, I believe you would not be responsible for child support any longer. In order to be sure, however, as I said, it is important to review the official documents relevant to this question.

If you are living in the New York City metropolitan area, please call me for an appointment at 212-370-1660 to arrange for a meeting to review the documents.

Leonard M. Weiner, Esq./Divorced Solutions