Legal Question in Family Law in New York

Child moving out of mothers home

My 19 year old daughter is going to college and is considering moving out of her mothers house since they do not get along. Does this affect my support payments? She would not be moving in with me, but with my parents, who live in another town.If this affects support payments, who do I notify of this?


Asked on 5/05/06, 6:48 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child moving out of mothers home

Court Ordered Child Support, may not be stopped, without a Court Order of Termination. Mere "Notice" is insufficient.

Suggest that you first determine whether your daughter's "move" is permanent or temporary; and whether her mother expects that daughter will be returning home, periodically, to her room.

Also, determine whether, mother is contributing to support tuition, housing or costs of daughter's schooling; and whether mother's financials and info, was used for daughter's college applications; and ramifications of removing mother's info from daughter's school apps.

If the "move" to your parent's is perm and your daughter will no longer be using her mother's home and financial's for school apps; and you and daughter have clearly assessed all the conseequences, then you may decide to Petition the Court for termination of the support payments made to the mother and/ Or, Petition for a change in the Payee of the child support payments, to that of your parents.

Good luck,

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Answered on 5/05/06, 9:06 am


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