What is the Liability for Child Support After Entering the Military in New York?
Full Question:
Answer:
In some states, it is possible for the court to order support past the age of majority. It is typically referred to as post-majority support. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge may terminate any existing child support order and replace it with an order requiring the parents to contribute to the child's education expenses. By law, these expenses include college or vocational school tuition, books, and fees. Orders may also include payment for health insurance or medical expenses.
According the the U.S. Department of Health and Human Services, the court in New York lacks authority, absent an agreement, to order a parent to pay college expenses after a child reaches age 21. Cohen v. Cohen, No. 98-04573, 1999 N.Y. App. Div. Lexis 3842 (April 12, 1999). Please see:
http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c9.html
For further discussion, please see:
http://www.expertlaw.com/forums/showthread.php?t=81055
Generally, upon entering the miltary service, a child is considered emancipated, whether they are in fact receiving aid from parents or not. We are prohibited from giving a legal opinion, as this service provides information of a general legal nature. We suggest you seek clarification from the court or contact a local attorney if you remain unsure of the terms of the order.
Please see the following NY statutes:
7. Child support. a. In any matrimonial action, or in an independent
action for child support, the court as provided in section two hundred
forty of this chapter shall order either or both parents to pay temporary
child support or child support without requiring a showing of immediate
or emergency need. The court shall make an order for temporary child
support notwithstanding that information with respect to income and
assets of either or both parents may be unavailable. Where such
information is available, the court may make an order for temporary child
support pursuant to section two hundred forty of this article. Such order
shall, except as provided for herein, be effective as of the date of the
application therefor, and any retroactive amount of child support due
shall be support arrears/past due support and shall be paid in one sum or
periodic sums, as the court shall direct, taking into account any amount
of temporary child support which has been paid. In addition, such
retroactive child support shall be enforceable in any manner provided by
law including, but not limited to, an execution for support enforcement
pursuant to subdivision (b) of section fifty-two hundred forty-one of the
civil practice law and rules. When a child receiving support is a public
assistance recipient, or the order of support is being enforced or is to
be enforced pursuant to section one hundred eleven-g of the social
services law, the court shall establish the amount of retroactive child
support and notify the parties that such amount shall be enforced by the
support collection unit pursuant to an execution for support enforcement
as provided for in subdivision (b) of section fifty-two hundred forty-one
of the civil practice law and rules, or in such periodic payments as
would have been authorized had such an execution been issued. In such
case, the court shall not direct the schedule of repayment of retroactive
support. The court shall not consider the misconduct of either party but
shall make its award for child support pursuant to section two hundred
forty of this article.
§ 240 Dom. Rel. Custody and child support; orders of protection.
...
(7) Where the court determines, having regard for the circumstances of
the case and of the respective parties and in the best interests of the
child, and as justice requires, that the present or future provision of
post-secondary, private, special, or enriched education for the child is
appropriate, the court may award educational expenses. The non-custodial
parent shall pay educational expenses, as awarded, in a manner determined
by the court, including direct payment to the educational provider.