Legal Question in Family Law in New York
My son's girlfriend is 18 her parents are divorced - she lives with her verbally and sometimes physically abusive mother - they had a fight - one of many and was physically thrown out of the house - she can no longer live there- she is the only child between her biological mother and father - her father pays her mother child support - we were advised that in this situation the child support should be given to her - my son's girlfriend until age 21 - is this correct? we live in new york
1 Answer from Attorneys
If she no longer resides with her mother, than she should file a petition in Family Court. Her mother should not receive the child support if she doesn't live there. However, if her father can show that she is not going to school and iis "emancipated" he may be able to eliminate his child support obligation.