Legal Question in Family Law in New York

child support for college student

my son will be 21 in December. the child support is to end at age 21, but he is still in college set to graduate in 2011. He has not missed any school, it is just because he was born in december that he graduated high school at age 18. Is it possible to have the child support continue until he graduates? would that be unusual? does his father have to petition the court to end the support and health insurance?


Asked on 7/15/09, 10:57 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: child support for college student

Is it possible to have the child support continue until he graduates?

A. It depends on if there is a Settlement /Separation Agreement that was filed. If the language in the agreement allows child support to continue to the end of the school year, then the answer is yes. However, if there is no agreement and if child support is provided under a support order, then the answer is no. Child support ends at the age of 21.

Q. does his father have to petition the court to end the support and health insurance?

A. Generally, no.

Mike.

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Answered on 7/16/09, 8:57 am


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