Thursday, October 1, 2009

First Department: When Is a Child "Emancipated"

Pursuant to Family Court Act § 413(1)(a) a parent has the duty to support his child until the child reaches the the age of 21. This duty, however, will terminate if the child is "emancipated" before he reaches the age of 21. Matter of Roe v. Doe, 29 N.Y.2d 188 (1971).

An Appellate Division, First Department, ruling today, Matter of Thomas B. v. Lydia D., contains a valuable discussion of when a child under the age of 21 is emancipated because he is fully self-supporting and economically independent of his parents. The decision can be found here.

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