Yes, if your employment-aged child simply refuses to attend visitation with you or see you, you may be able to argue that the relationship has reached a point where the child is effectively emancipated and no longer subject to child support payments. Constructive Emancipation isn’t necessarily easy to prove though.
Because it is often results from parental alienation, the prospect of losing monthly income may cause the other parent to allege that you prompted the distance in the relationship with the child.
You’ll be required to provide clear evidence that you have consistently and over a long period of time engaged appropriately in your visitation schedule, and that the child has chosen to withdraw from the relationship.
At Zelenitz, Shapiro & D’Agostino, we know these are situations that can cause enormous pain, but a non-custodial parent whose relationship with an older child has been ruined by the other parent shouldn’t be forced to continue supporting that arrangement.
Call us today at 718-725-9601 for help with a Constructive Emancipation claim.