When Child Support Is Unallocated for Several Children, Emancipation of a Child Does Not Allow Automatic Seductuions, Must Seek Judical Relief

Lamassa v. Lamassa, 965 N.Y.S.2d 195, 198 (2nd Dept.,2013):
“When child support has been ordered for more than one child, the emancipation of the oldest child does not automatically reduce the amount of support owed under an order of support for multiple children.” The party seeking a downward modification of an unallocated order of child support based on the emancipation of one of the children has the burden of proving that the amount of unallocated child support is excessive based on the needs of the remaining children – that party may not unilaterally make any type of deduction, pro rata, or even according to the Child Support Standards Act.