Does child support end at age 18 or 21 in New York?

What the Law Says

New York law sets age 21 as the general cutoff for child support obligations, but allows for earlier termination under specific circumstances like emancipation. The law also clarifies that support does not automatically continue just because a child is in college.

Under New York law, parents are legally obligated to support their children until they reach age 21 — unless the child becomes emancipated before then. Emancipation can occur if the child marries, joins the military, or lives independently and is self-supporting while not in school.

Importantly, turning 18 does not automatically end child support. Even if a child graduates from high school at 18, support continues unless another emancipating event occurs or a court orders termination.

The law makes clear that attendance at college or graduate school does not extend the duty of support beyond age 21 — unless both parents have agreed in writing (e.g., in a divorce settlement) to contribute to educational expenses.

Statutory Text

The parent and child relationship extends to every child born in wedlock or to every child born out of wedlock until the child reaches the age of twenty-one years, except that such relationship shall terminate upon the marriage of the child.

— Family Court Act § 413(1)(a) — Definition of 'child' for support purposes

Statutory Text

The duty of a parent to provide support for his or her child shall continue until the child reaches the age of twenty-one years, unless the child is emancipated prior to that time.

— Domestic Relations Law § 240(1-b)(c) — Support duration

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