Constructive Emancipation occurs when a child refuses contact with a parent, usually the non-custodial parent.
It is often a sign of parental alienation, and Family Court does allow Constructive Emancipation to be used to end a child support obligation on the part of the parent who is refused.
Constructive Emancipation doesn’t apply in all cases. Your child must be of an employable age, and the child’s refusal must be complete.
If the court believes that you are the party responsible for lack of visitation, the child support obligation continues.
If you have been subject to parental alienation and your teen child refuses to see you, you may be able to claim Constructive Emancipation and end your child support payments.
To learn more about modification of child support orders and conditions that can trigger termination, contact the Queens child custody attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 for a free consultation.