My Child Won’t Speak with Me, Do I Need to Pay Support?

Family dynamics can be fraught with complications. Adding a divorce into that mixture can sometimesresult in a total and complete breakdown in the relationship between the child or children of a marriage and a parent, usually the noncustodial parent. The noncustodial parent is the parent who is not the residential parent for purposes of child support and is the parent the child or children do not live with for the majority of the time. In New York, unless stipulated between the parties, a child is emancipated for purposes of child support once they turn 21 years old.

There have been scenarios where after a divorce has been completed, that the relationship between a parent and a child continues to worsen and cannot be repaired. It is at this point, when the relationship has completely broken down and the child refuses to speak with orsee the noncustodial parent that the parent will begin to ask whether or not they can emancipate their child before the age of 21 and thereby stop their child support for the child. If a child is found to be constructively emancipated, the noncustodial parent’s child support obligation would be terminated.

This also applies to parents who were never married. If the noncustodial parent in that scenario is paying child support, the noncustodial parent would also have the right to seek a constructive emancipation of their child and thereby terminate their child support obligation.

The legal doctrine of constructive emancipation exists as a mechanism for emancipation when a child of employable age who refuses to have contact with or visit with the noncustodial parent, essentially abandons the right to receive child support from the noncustodial parent. The noncustodial parent must not be the cause of the breakdown in the relationship with the child. The noncustodial parent must also make serious efforts to contact the child and to exercise their rights to visitation.

The Courts have made it very clear, that if a child is justified in refusing to continue the relationship with the noncustodial parent, then they will not be considered constructively emancipated. The burden of proof is on the parent seeking to emancipate the child. This is a very high standard to meet and the Courts will more often than not, deny the noncustodial parent’s claim because there is a fundamental public policy in New York that a parent is responsible for their child’s support until the child obtains the age of 21.

It is best to consult with an attorney to see if constructive emancipation is a form of relief available to you.