Wednesday, January 8, 2014

Can we kick out our 19 year old out of the house in NYS without having to pay support?

Q:  Our 19 year old has flaunted our reasonable house rules and thinks of themselves as untouchable. Someone told our kid we can't kick them out and now it is getting worse. They stay out all night, does not call, has numerous "friends" over for "adult" activities when we are not home and has shown no remorse. In fact, they are now emboldened. We have a young child sharing the house, and we do not feel safe with all these strangers over. We have told them to stop, but again, they think "untouchable". They refuse to chip in around the house, never pays bills and demands everything (needs a reality check!) I read that we are able to legally kick an 18 year old out but are on the hook to pay support until she is 21, assuming they go to SS. What do we need to prove to avoid these payments?

A:  David's Answer:  You ultimately have to financially support children in NY until they're 21. As such, they can technically be "free-loaders" until they're 21. If you remove them from the house, the 18yo may file a petition for support. You'd then need to prove s/he emancipated him/herself by virtue of his/her actions. Speak further with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (

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