Why would a parent make child support payments past the age of 18 in New York?

Brooklyn, NY – There were national news reports that singer Britney Spears will owe her former husband more child support payments [1].

Support payments will continue into adulthood

Britney Spears is expected to continue paying child support to her ex-husband who has custody, Kevin Federline, for their sons Sean Preston and Jayden James, despite both now being legal adults. Sean turned 19 on September 14, 2023, and Jayden turned 18 on September 12, 2023. However, California law requires child support to continue until the child either graduates from high school or turns 19, whichever comes first. Jayden has not yet graduated from high school, and his graduation is expected in November 2023, meaning Britney will likely be responsible for payments until then.

Kevin’s lawyer, Mark Vincent Kaplan, clarified that this extension of child support is in line with California law, which mandates financial support for children until they graduate high school, even if they are already 18. Kaplan emphasized that this rule applies universally, and Spears’ continued payments are consistent with this legal framework. After November 2023, her obligation will end, as Jayden will no longer be eligible for support under these guidelines.

The relationship between Britney and her sons has faced challenges, but she has expressed care for them publicly. In June 2023, she shared a throwback photo on Instagram of herself holding Jayden, demonstrating her affection despite their complex family dynamics. Recently, it was reported that Sean and Jayden relocated to Hawaii with their father, stepmother Victoria Prince, and their half-siblings. The move was described as a chance for Kevin’s family to escape the pressures of life in Los Angeles.

In a 2022 ITV documentary, Jayden spoke about the strained relationship with his mother, noting that while there was no ill will, it would take significant effort to rebuild their bond. Despite these challenges, the family continues to work through their difficulties.

When do child support payments terminate under New York law?

In New York State, child support payments generally terminate when a child reaches the age of 21. However, several factors can influence when these payments end or continue. New York law presumes that a child is entitled to financial support from both parents until they are 21 years old, unless certain conditions are met earlier.

Age of Majority

The primary rule is that child support continues until a child turns 21, even though the legal age of adulthood in most other contexts is 18. The rationale behind this is that young adults often continue to need financial assistance from their parents while completing education or entering the workforce. The court can extend or terminate support based on specific circumstances, depending on the child’s independence or special needs.

Emancipation

Child support payments may end earlier than 21 if the child becomes legally emancipated. Emancipation occurs when a child demonstrates financial independence and is no longer reliant on parental support. Common scenarios include:

Marriage: If the child marries, they are considered legally independent, and child support obligations typically cease.
Military service: Joining the U.S. military also results in emancipation, terminating the requirement for child support.
Financial independence: If the child becomes self-sufficient by holding a full-time job and living separately from their parents, the court may declare them emancipated.

Special Circumstances

There are instances where child support can continue past the age of 21. For example, if the child has special needs that prevent them from becoming financially independent, support may be extended. In these cases, parents may be required to continue providing financial assistance to cover medical or living expenses beyond the age of majority.

Higher Education Costs

While basic child support typically ends at 21, the court can order parents to contribute to a child’s college education expenses, depending on the family’s financial circumstances and the parents’ prior agreement. In some cases, this financial responsibility can continue into a child’s early 20s if they are still pursuing higher education. New York courts may include this within child support orders or handle it as a separate obligation based on the child’s needs and the parents’ financial resources.

Termination by Court Order

Child support payments can also terminate by court order. Either parent can request a modification if there has been a substantial change in circumstances, such as the child becoming emancipated or the parent experiencing financial hardship. A court review is necessary to officially terminate the support agreement.

In summary, while child support in New York generally ends when a child turns 21, it may end earlier due to emancipation or continue past 21 in cases involving special needs or higher education contributions.

Family attorneys in New York

There are family lawyers who work with local clients in the Brooklyn area on domestic violence, divorces, and all related matters. Elliot Green Law Offices is available to provide advice to anyone who needs assistance.

USAttorneys.com can provide legal referrals anywhere in the country. They can be reached at 800-672-3103

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

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