Children are entitled to support from their parents or guardians, and New York family law provides methods for ensuring that such support is available. A typical child support order remains in effect until a court orders otherwise, or until the child reaches a point where they no longer need support.
A New York City court recently considered a child support dispute, BT v. AM, involving an adoptive parent and a court-appointed guardian. The parent claimed that they were no longer obligated to pay child support because of the child’s “constructive emancipation.” The guardian argued that the parent was still entitled to receive an adoption subsidy from the government, and should pay that amount as child support. The court ordered the parent to pay that amount, and remanded the case to family court to review the parent’s continued eligibility for the subsidy.