How long do you have to pay child support in colorado
At What Age Does Child Support Stop?
Under Colorado state regulations, child support orders typically continue until the child turns 19. This is the legal age of emancipation in the state. There are, however, a number of exceptions to this rule that could shorten or extend the time a parent needs to pay support for their child. You may also need approval from the court in some cases before you stop paying after your child turns 19.
If you believe your child’s other parent stopped paying prematurely, or if you are curious about your own payments, the Shapiro Family Law team is here to help. Our child support lawyers can answer your questions about what age child support stops in your case. We can handle any legal action necessary to end your child support obligation once your child reaches the age of emancipation. Call 303-695-0200 today for help.
When Is the Age of Emancipation 19?
If the child in question is the only child included in the child support order, or they are the youngest child in the family, the child support obligation likely ends with their 19th birthday. Once you double-check to ensure they do not meet any exception to the rule, you can stop paying the month after they turn 19.
If there are other children on the child support order or there is an exception to the rule that applies in your case, you may need to go before a judge before stopping payments.
What Are the Exceptions to This Age Limit?
Not all child support obligations end when the child turns 19. There are exceptions that mean support continues past their birthday and some that allow the support to end sooner. This is important because if you quit paying early, you could owe significant unpaid support and interest and run into legal trouble.
Circumstances That Extend Support
Teens who are still in high school on the day they turn 19 should continue to receive support until:
● The end of the month of graduation; or
● They drop out; or
● They turn 21 years old.
Some families have different child support orders if their children have special physical or cognitive needs.
Children with disabilities who require lifelong care may receive continued support to help offset the costs of their ongoing care. If your child has a long-term disability, give us a call. We can examine your child support order and help you understand your obligation.
Circumstances That Shorten Support Obligations
More commonly, there are situations where a teen becomes financially independent before they reach the age of 19. When this occurs, state law allows you to stop paying child support. This could apply to your situation if:
● Your child moved out of the home and has their own job;
● Your child joined the military; or
● Your child got married.
How Can I Change My Child Support Obligation?
When the youngest child on a support order reaches the age of 19, the obligation automatically ends-unless there is an exception in play that extends the support. No one needs to file a motion or go before a judge.
If the child in question is not the youngest, however, the court order will not automatically change when they reach age 19.
You will need to seek a support modification before you can stop paying support for the older child.
There are also a number of other reasons why you might need to modify a child support order through the years. Losing your job, getting a better job, or finding your child meets one of the exceptions to the standard age of emancipation are all good reasons to consider going to court and asking for a modification of your support obligations.
We can help you with your child support modifications. Our attorneys will offer their best advice on the actions you need to take before stopping support payments.
How Do I Contact a Family Law Attorney About My Child Support Obligations?
At Shapiro Family Law, our Denver family law attorneys go above and beyond for every client we work with. We care about you and your family and will work to ensure you get the most favorable outcome for you and your children. We can answer any questions you have about your current support orders, and help you try to change your support obligations to fit your circumstances.
If your child qualifies for an exemption to the age of emancipation, we will help you end your support obligation. Call our Denver office today at 303-309-9580 and let a member of our team review your case.
When Does Child Support End In Colorado? Emancipate At 18?
- Carl O. Graham
- April 7, 2019
- Child Support
Can I stop paying child support at 18? No. One of the biggest myths in (Colorado) family law is that child support ends when a child turns 18.
After all, at 18 one is legally an adult – Junior is old enough to vote, work, join the military, and in general is old enough that neither a family law judge, nor a parent, have much luck telling him what to do.
But most kids are still in high school on their 18th birthday, not yet emancipated, with months remaining before they graduate. And even then, many go off to college, take a “gap year” abroad, or if they do work, it’s in an entry-level position, scarcely earning enough to move out of the family home.
In short, most children are not quite ready to be self-sufficient upon their 18th birthday.
See the all-new Emancipation for Colorado Child Support article in the Colorado Family Law Guide for an exhaustive discussion of the age when child support really terminates in Colorado.
Age of Majority for Child Support is 19 in Colorado
Can I stop paying child support at 19? Maybe, and usually, yes!
But there are caveats – under the Colorado child support statute:
“Unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age…”
C.R.S. 14-10-115(13)(a).
First, note that support only ends when the “last or only” child turns 19. If you have two or more kids, and one of them turns 19, you still owe the same child support unless you file a motion to modify child support – there is no automatic reduction in support for the emancipated child.
And this age 19 rule is not absolute – the court could find emancipation, and therefore no support obligation, when the child is younger than 19 – for example, if the child attains those milestones typically reserved for adulthood, such as marrying, joining the military, or moving out of the home and becoming self-sufficient.
Similarly, a child may turn 19 but still not be ready to enter the workforce. In such cases, the court may order that support continue beyond the child’s 19th birthday – examples of when this happens is when the parents agree (e.g. for college), the child has not yet graduated from high school, or a child is physically or mentally disabled and unable to support himself.
And if you are paying child support, don’t forget the health insurance – the obligation to share medical expenses also continues as long as there is a support obligation. And while many parents may choose to keep their kids on their policies after the age of 19, as long as the children are emancipated, this is solely voluntary, and absent the parents agreeing, a court cannot order health insurance, or child support, beyond a child’s emancipation.
Emancipation for Child Support vs Child Custody
“Not as long as you’re living under my roof.” Many 18 year-olds have heard their parents use a variation of this once or twice, or many times. And there is a problem when the law says a child is an adult for purposes of custody upon turning 18, but the parent still owes a duty of support until he turns 19. And even if the parent is paying support, that parent cannot even make the child live with him.
If the child moves out at any age, the parent still owes a duty of support until the child turns 19 – it’s just that the support is owing to the guardian actually caring for the child. This has the potential for tension – a parent cannot control a child, but still has to pay her money.
Emancipation & Support in Other States
The age of emancipation varies state-to-state. Most states end support at either 18 or 19, with exceptions if the child is still in high school. In Puerto Rico, the support obligation only ends when the child turns 21 (the same age of emancipation used in Colorado until 1997).
More Child Support Information
The Family Support section of the Colorado Family Law Guide is full of in-depth articles about every aspect of child support in Colorado.
Award-Winning Child Support Lawyer in Colorado Springs
U.S. News & World Report calls Graham.Law one of the Best Law Firms in America, and our managing partner is a Colorado Super Lawyer. Our family law attorneys have years of experience helping clients navigate the Colorado legal system. We know Colorado divorce & family law inside and out, from complex multi-million dollar property or child custody cases to basic child support modifications.
For more information about our top-rated El Paso County family law firm, contact us by filling out our contact form, calling us at (719) 630-1123 to set up a free consult, or click on:
- Why Graham.Law for your Colorado Family Law Case. Learn about the benefits of hiring divorce specialists to help you.
- Our Colorado Springs Family Law Team. The great attorneys & paralegals at Graham.Law.
- Colorado Family Law Guide. The internet’s most comprehensive resource for attorneys and clients alike.
- Military Divorce Guide. Addresses specialized family law issues that arise when one spouse is in the military.
Colorado Family Law. Period.
From What Date Are Alimony Accrued?
As a general rule, the court awards maintenance in favor of the plaintiff and his child from the date the claim was filed. Not from the date of the issuance of a judicial act or its entry into force, but precisely from the moment the court office received a claim for the forced collection of funds for the maintenance of children.
Can I apply for maintenance for the past period?
dated 07/02/2021) Alimony for the past period may be collected within a three-year period from the date of filing with the court, if the court established that prior to applying to the court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obliged to pay alimony from their payment.
How is child support calculated from the date of application?
Article 191 indicates that the accrual of alimony begins by a court decision from the date when the statement of claim was filed with the court. If this time was preceded by a period during which the parent did not receive any assistance, he may claim early support .
What date is child support due?
The employer must transfer alimony under a writ of execution within three working days after the salary is paid. At the same time, before deduction, the accountant must check from which payments this employee can pay alimony . From some types of income that an employee receives, it is impossible to withhold alimony .
How soon do child support payments start?
- According to Article 107 of the Family Code of the Russian Federation, Alimony is awarded from the moment of applying to the court, that is, from the date of filing the statement of claim (application for the issuance of a court order).
Also, in the case of recovery of alimony , the court has the right to make a decision on recovery of alimony before the court makes a decision, the lawyer noted.
Can I apply for child support for the previous 3 years?
If the applicant has previously taken measures to obtain funds for the maintenance of the child, but they did not bring results, the court may recover alimony for the previous three years (clause 2 of article 107 of the Family Code of the Russian Federation).
Can I apply for child support after 20 years?
In accordance with the norms of the Family Code of the Russian Federation, persons who have not reached the age of majority are recognized as children. According to this definition and the rules of Chapter 13 of the RF IC, which establishes the maintenance relationship between parents and children, in the general procedure , alimony for children after 18 years is not paid.
When is alimony calculated after the trial?
When does the child support come to the card?
It is transferred to the beneficiary's account indicated in the application within three days from the date of payment of salary (Article 109 of the UK). Open enforcement proceedings for alimony .
How is child support calculated in Ukraine?
How is the amount of alimony calculated
- per child – 1/4 of income;
- for two children - 1/3 of the income;
- for three or more children - 1/2 of the income.
How long does it take for child support to arrive after I apply?
The term for consideration of cases on the recovery of alimony is 1 month from the date of filing a claim with the court + the period for the entry into force of the decision of the court of first instance.
How are alimony transferred under a writ of execution?
Alimony must be transferred to the recoverer no later than 3 days from the date of payment of the employee's salary.
From September 27, 2021 to writ of execution , received from the bailiffs, transfer the money to the FSPP deposit. In the case when the writ of execution was submitted by the recoverer himself, transfer the deducted amounts to him directly.
How is alimony calculated in Belarus?
In Belarus the following norms of regular deductions for the alimentary provision of children are adopted: How many days does alimony go through bailiffs?
Then the bailiff bailiff received on your account from the father of the child will be obliged, in accordance with the above article 110, to transfer within 5 operational days from the date of receipt of funds to the deposit account of the bailiff bailiff .
How much does the father have to pay child support?
The legislation provides for the shared principle of calculating the amount of alimony .
The percentage of the salary withheld for the benefit of one child is 25%. For two children, 1/3 of the salary is transferred. For three or more - half of the income received.
How long does a child support case take in court?
According to Part 2 of Art. 154 Code of Civil Procedure of the Russian Federation, the case on the establishment of maintenance payments is being considered within 1 month (while civil cases are generally studied for 2 months). The term begins to be calculated from the moment when the applicant sent his claim to court .
Family Law - Sharifov & Associates - Attorneys at Law
division of joint property in New York
Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children.
, child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.
divorce by consent in New York
Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?
When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.
order of protection in new york
2. How can I get an order of protection in case family violence?
If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.
Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge.
For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").
The Domestic Violence Petition, unless both parties agree, is decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.
Occasionally, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for the duration of both relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children.
Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.
legal guardianship
3. I can't find my spouse, can I file for divorce?
Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.
4. When am I officially divorced?
The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.
5. What is custody (custody) and how is the issue of children's residence after a divorce resolved?
There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives.
If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.
Custody related to the residence of children after divorce means the right of a parent to have a child permanently reside with this parent in the same family and responsibility for his child while he lives with this parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.
6. Will I have less time to visit my child if the other parent has exclusive legal custody?
Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.
7. How is child support calculated?
New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b).
This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:
17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;
It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.
8. Who pays child support?
Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.
child support in New York
9. Will I be able to pay child support less than what is required by law?
The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties.
Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.
10. What if the children spend a significant part of their time with me, or even 50% of the time?
Once again, if you are unable to reach an agreement with the other party to reduce child support, it will be extremely difficult for you to convince the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute.
11. Until what age should a parent support a child?
In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier.
If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.
12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?
No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.
13. If my spouse has sole legal custody, or if we share joint legal custody, or if the children just live primarily with one parent, can the children's residence be changed unilaterally? OK with this parent?
The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent.
(For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.
14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?
A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts.
There are also additional factors that the court must consider when determining the amount and duration of child support.
Here are a few factors that are considered the most significant:
- length of marriage; the age and state of health of each spouse;
- present and future earning potential for each spouse;
- your opportunity to become financially independent;
- reduced or lost earning opportunity due to denial or delay in education, training, employment, or career development during marriage;
- having children in your home;
This is a complex decision and will be influenced by many factors.
15. Can my spouse evict me from our home?
Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.
16. Can I and my children continue to live in our house after the divorce?
Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which he is already accustomed, assuming that the child is fine in this environment, and also implying that financial circumstances allow it.
17. Am I entitled to a share in the value of the house, even if the title is not in my name?
If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.
18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?
Usually not.
However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home.
19. Will the court force me to sell my house?
If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.
20. Credit cards: Should they be cancelled?
If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card.
If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined.
21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?
The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.
22. If I have a business or share in a business, will my spouse get a share of the business?
If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will most likely be able to claim a portion of the business or a portion of your interest in the business.
If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.
23. Can my spouse claim the estimated value of my professional license or higher education diploma?
For divorces initiated before 2016, by law, if all or part of the acquisition of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma.
Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).
24. Which courts can hear divorce, custody and alimony cases?
The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.
25. What is a juvenile delinquency trial?
This is a New York State Family Court lawsuit involving a juvenile delinquency case between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.
When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days.
The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.
If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, acting as prosecutor in such cases, will file a petition against the juvenile offender and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months.
For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.
26. What is marriage annulment and how is it different from divorce?
A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years.
- If one of the spouses is terminally incapable of sexual activity, the marriage can be annulled.
- Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
- If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled.
However, a healthy spouse may be required to maintain a mentally ill spouse for life. - The parties must knowingly consent to the marriage. A marriage can be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
- A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent.
27. What is a declaration of invalidity of a marriage and how does it differ from annulment?
Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy.
