Nassau New York Agreement for Modification of Judgment and Termination of Child Support

State:
Multi-State
County:
Nassau
Control #:
US-02558BG
Format:
Word; 
Rich Text
Instant download

Description

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

A decree nisi (from the Latin nisi, meaning "unless") is a court order that does not have any force until such time that a particular condition is met, such as a subsequent petition to the court or the passage of a specified period of time.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

While a court cannot order a parent to pay child support past 21 years of age, it is common for parents to agree to extend support until 22 if the child is still a full-time college student reaching graduation. While the amount of child support is set by the court, the amount of the payments can change over time.

The best policy is to file a modification petition. You will want your first court date to be prior to, but close in time to your daughter's 21st birthday. You will want to ask the Support Magistrate to issue a temporary order terminating support on her birthday. You can probably handle this on your own.

Under New York law, you can request a child support modification if there is a 15% change either parent's income. While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income.

Three years have elapsed since the order was entered, last modified or adjusted once three years have elapsed, either parent can seek a modification (upward or downward), and the court has the authority to look at the parties current income to recalculate the Basic Child Support amount.

Child support automatically ends when the child turns 21 years. Effective in October 2021, a disabled child may be eligible to continue receiving support until age 26. A court can end child support before the child turns 21 years if the child becomes emancipated. See the article Emancipation in New York, here.

Remember, a noncustodial parent's responsibility to pay child support does not automatically end. You must seek an order terminating the child support order in court. The Child Support Enforcement Bureau (CSEB) in New York will continue to expect payment until a court order says otherwise.

Work can be personally rewarding as well as a means to pay bills. Become Self Employed.Hire a Good Tax Accountant.Pay Only What You Receive Credit For.Inform Child Support if Your Income Drops.Lodge Tax Returns Quickly if Your Income Drops.Avoid Triggering a Change of Assessment (COA)Initiate a Change of Assessment.

Under New York law, you can request a child support modification if there is a 15% change either parent's income. While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income.

Can Child Support End Earlier? In New York, parents are required to financially support their child until they turn 21 years old. The only exception is if they are "emancipated." Children under 21 are considered to be "unemancipated" for child support purposes.

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Nassau New York Agreement for Modification of Judgment and Termination of Child Support