Legal Question in Family Law in New York

Child lives in Rochester, NY and turns 18 this month. Father (NCP) lives in Ohio, upon graduation child wants to move in with father and attend college in Ohio. Will custody need to be modified or just CS? Will CP have to pay CS since the order is in NY although father and child will be living in OH? What if child moves to Ohio (July 1st), but wants to live in dorms (starting end of Aug.), will CS be terminated for father or because child lives in dorm will that not be considered living with father? Even though child would be at father's weekends and most holidays? Thank you for any info that can be given.


Asked on 1/26/10, 6:56 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If there is a change of custody, the change should be modified in writing, signed and acknowledged by both parents (similar to the settlement agreement). With the change in custody, there would be a change of child support. However, generally credit is given to the non-custodial parent for the child's living arrangements if the child resides on the college campus.

Mike.

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Answered on 2/01/10, 5:11 am


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