New York parents are generally required to provide child support for their sons and daughters until they turn 21 years old. Some exceptions do exist however. One of these exceptions is referred to as constructive emancipation. This is when a son or daughter is old enough to work and they voluntarily sever their relationship with a parent. Emancipation relieves a mother or father of their child support obligation, but courts are hesitant to make this type of finding, and the party seeking emancipation has the burden of proof.
In the case titled Matter of Langenhahn v. Langenhahn, a mother sought to terminate or reduce her child support obligation based on an assertion that her children had “abandoned” their relationship with her. The Appellate Division, Second Department rejected her petition, holding constructive emancipation requires more than children who are disinclined to see their mother or father. In this case, the panel found that Loren Langenhahn made some effort to communicate, but had not arranged therapy for the children or pursued other available measures to enforce her access rights. A parent cannot claim constructive emancipation if they were responsible for cutting off contact.
Loren Langenhahn also claimed that she was entitled to a child support adjustment because she was a victim of parental alienation. New York courts have found that in matters where a custodial parent prevents their former partner from seeing the children they share, that might eliminate the noncustodial parent’s child support obligation. However, the court did not find any evidence that Richard Langenhahn interfered with the relationship between Loren and their children.
When a divorce or separation occurs, it is not uncommon for sons and daughters to bear some resentment against their parents. This might affect a noncustodial parent more intensely because a young person is not spending as much time with them and might blame them for the breakup. Still, New York courts take a narrow view of constructive emancipation cases brought by parents, so it is important to review the facts with a qualified attorney before bringing this type of claim in a child support case.
Bryan L. Salamone & Associates, P.C. represents Long Island residents in child support disputes and other family law matters. We can apprise you of the applicable law so that you have a thorough understanding of your options before deciding how to proceed. For a consultation, please call 631-388-6009 or contact us online.