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New York Child Support at a Glance
Child support is payment pursuant to a court order by agreement for the care and maintenance of any unemancipated child under 21 years. The case law and statutory law are quite clear in that both parents have an equal obligation to support the children of the marriage. The support obligation will terminate prior to the age of 21 years if the child becomes emancipated. Emancipation is a question of fact but would include, among other things, the marriage of the child, the full-time employment of the child, or the child residing way from the residence of the custodial parent.
On September 15, 1989 the Child Support Standards Act (CSSA) became effective. This sweeping new legislation (sometimes unofficially called the "guidelines") amends Section 240 of the Domestic Relation Law to require that the court provide for the child support and that an award of child support be made in accordance with subdivision 1-b of that section. Identical child support provisions were included in Section 413 (1-b) of the Family Court Act.
New York is an equitable distribution state which means that in a New York divorce the court divides marital property equitably between the parties, unless a written settlement agreement is achieved. All property in the divorce case is either separate property owned by the individual, or marital property owned by the married couple.
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