Constructive Emancipation

Darren M. Shapiro, Esq. will give you practical information and effective assistance regarding your questions about constructive emancipation of children from child support. The law in New York about child support, contained in both the Domestic Relations Law and the Family Court Act, is called the Child Support Standards Act. According to the Act, a New York Child Support order continues until the children are 21 years of age, if there is not an agreement for the order to continue longer. Once a child reaches employable age, they can be deemed constructively emancipated, if the facts support it, which means that child support can be terminated for that child. If there is not an agreement about the constructive emancipation, usually it will require an application to a court of appropriate jurisdiction. It is recommended to consult with and use an experienced New York City or Long island Family Law attorney, like Darren M. Shapiro, Esq. to help you with your child support and constructive emancipation issues.

Financial independence is one test applied by the courts in New York to determine if a child is constructively emancipated. If a child of employable age, without good cause, chooses to abandon a parent or their home despite their parent’s wishes to the contrary, they too may be deemed constructively emancipated. Accordingly, emancipation might happen because of financial independence or abandonment. Parental alienation often is a topic when dealing with abandonment issues. Darren M. Shapiro, Esq. represents clients with child support issues in New York City, the surrounding areas and Long Island. He has tried and litigated cases over the years on both sides of the issues for his clients as a Suffolk County and Nassau County Child Support Lawyer. If you are considering using a child support lawyer, feel free to take advantage of the free initial consultation by phone or in the office to see whether financial independence or abandonment might trigger constructive emancipation in your case.

Mr. Shapiro will explore, with mediating couples and his clients discussing settlement, the language agreed upon to define, in advance, the emancipation of their child (ren). Frequently, settlement agreements extend child support if the child is enrolled full time in college for their undergraduate degree until age 22. Some couples are agreeable to extend the age of child support even further for the completion of graduate degrees. Neither is required, but whether this is appropriate, or not, for the specific family we are working with will be discussed. Other emancipation events can be spelled out such as a child joining the military or getting married. Sometimes the parties include definitions about how much part time employment by a child is permissible so as not to trigger the termination of child support. It is common to include language to make it clear that going away to study at college or going away to camp is not to be considered an emancipation event.

This office strives to provide effective representation at reasonable prices. Most people find that the prices are highly competitive in light of the years of family law experience of Darren M. Shapiro, Esq. We do our best to achieve the best outcomes for your child support and other family law issues as soon as possible. A fast resolution is often possible on a case. Other situations require some debate and more time before a settlement. Darren will give you his honest assessment at all times, while pressing hard to protect your rights. We try to remain vigilant about when it is appropriate to discuss settlement and when to litigate. A settlement agreement might make the most sense for everyone involved. Some people are unable to settle their differences without a decision from the court. Mr. Shapiro has tried many cases and can take you through a case to its completion. He will bring his years of experience to help you through your case.

Constructive emancipation could be raised as a defense to a new child support order or used as a basis to modify or terminate an existing order. If the support order does not contain different terms, people can seek to modify child support orders if: there is a substantial change of circumstances; three or more years have elapsed since the last order; or income has changed by 15% or more. Denovo or new calculations can obtained if a party to an order makes timely written objections to a Cost of Living Adjustment (Cola Increase) that is noticed by the Support Collection Unit. Please call to ascertain if any of these scenarios are applicable to you.

Child support, custody, visitation, parenting time and other family law subjects are closely intertwined. Please check our blog and the rest of the website for answers and more information on your common family law questions. A free initial consultation with a lawyer sensitive to your needs is offered at this office. Mediating couples can take advantage of a half hour free consultation. Give us a call to talk about your issues or schedule your consultation. It would be our pleasure to speak with you about it.