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If child is 21 and drops out of college but cannot support himself, is he automatically emancipated?

Q: My son turned 21 and does not want to continue college but cannot support himself. He was supposed to graduate when he turned 22 after which child support would end. My ex declared my son emancipated and immediately ceased child support a year early without any discussion with my son or myself. It came as a surprise.

A: David’s Answer: Assuming your support is governed by a divorce settlement agreement, then your answer depends on the precise wording of the agreement. Usually such agreements only extend support beyond 21 if the child continues to be full-time enrolled – but a definitive assessment can be made only after a review of the agreement. Call a Westchester Child Support attorney to schedule a consult.

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