Q: I am getting divorced in New York. My 18 year-old son is out of high school (got GED) and does not want to go to college or get a job. Basically, he sleeps during the day and hangs out at night. He said he wants to live with his father after the divorce. I know this is because he will not have to change his lifestyle living with his father, and knows I would require him to get a job or help around the house to contribute. Although I agree with NY law in supporting your children until age 21, I think the child support should be less than it is when the child is attending school and unable to work. I realize the bigger issue is my son's lack of motivation to move forward. But at the moment, I am asking about the support.
A: Unfortunately, the short answer is that you'll likely need to continue child support. Your only avenue is to raise a defense of emancipation by alleging the child is defiant of parental authority & thus has emancipated himself by virtue of his actions. Schedule a consult with a White Plains Child Support attorney for a full assessment.