| Under New York State
law, both parents of a child under 21 years of age are responsible
for supporting the child. The law applies to parents who are
or were married as well as to parents who were never married.
A child under 21 years of age may be deemed to be emancipated
if he or she attains economic independence through employment,
entering into the military or marriage or if he or she is between
17 and 21 and leaves the parents' home and refuses to obey the
parents' reasonable rules.
Both parties have
the right to appeal the order by filing an "objection"
within 30 days of the receipt of the order in the courtroom
or by personal service or within 35 days of the date the order
was mailed to them. The objection must be filed with the Court
Clerk's Office, with a copy sent to the opposing party. The
other party may send a reply to the court. After reviewing the
case file, a Judge then rules on the objection. The Judge may
leave the order as it is, change it, or send the case back to
the Support Magistrate for further proceedings.
A custodial parent
who lives in this State and seeks support from the non custodial
parent who lives in another State may file an interstate case
in the Family Court of his or her county under the Uniform Interstate
Family Support Act (UIFSA). The party filing the petition is
not required to appear in the court of the other state and will
be represented by a local city or county attorney at the support
hearing.
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