child support question

[ZippyDan]

under new york law, child support must be paid until 21 years of age.

mom has custody of child, 16 years old, and receives child support.

child decides he wants to move out and be independent at 17.

does father still have to pay child support to mother? or directly to child? is it a function of tax classification (i.e. "dependent")? it seems to me that once a child decides to be independent, then by some definition they are no longer in need of support.

i know this is not a law forum, but i thought someone might know.

p.s. i have no kids, this is not me

 

[spidey07]

Dad will have to prove, in court, that mom is no longer supporting the child. Not easy to do, even if the kid hasn't lived there in years.

 

[SunnyD]

http://www.divorcenet.com/states/new_york/nyfaq01

When are my children emancipated, so that I am no longer obligated to support them?
A parents liability for the support of his or her children is limited to children under the age of 21 years. In the absence of an express or implied contract, parents have no duty to support an adult child. For custody, visitation and other purposes, the age of majority is age 18, but for purposes of the parental support obligation the age of majority remains at 21. The mutual parental duty of child support is not absolute. It may be suspended or terminated before the child is 21 if the child becomes emancipated by becoming economically independent of his/her parents through employment, by marriage or entry into the military service. Under unusual circumstances, a child may be deemed emancipated if he/she is guilty of outrageous misbehavior, such as makes it inequitable to enforce the support obligation, or if without cause, he/she withdraws from parental control and supervision.

 

[God Mode]

Not NY but http://www.avvo.com/legal-answers/if-our-17-year-old-child-moves-out-withour-permiss-11473.html