Legal Question in Family Law in New York

Child is 18, resides in NY with Mom (CP). Dad (NCP) lives in OH and pays $1100/month in CS. Child graduates HS end of June- Mom asked child to leave house now because child decided to go to college in OH and not NY after graduation. Child is staying with family friend until end of the June, which she will then move in with Dad. Dad is asking for termination of support based on the CO listing "child moves from Mother's residence" as part of emancipation.

-In NY can you get CS overpayment back to the DATE OF FILE? Since court will be 3 or 4 weeks after date of file/child left.

-Will Dad be able to file CS once child moves in with him, even though to terminate CS emancipation (child moving from Mother's residence) was used?

Thank you.


Asked on 5/25/10, 11:56 am

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

Q. -In NY can you get CS overpayment back to the DATE OF FILE? Since court will be 3 or 4 weeks after date of file/child left.

A. You would think that would be the case. However, it is my experience that the answer is no.

Q. -Will Dad be able to file CS once child moves in with him, even though to terminate CS emancipation (child moving from Mother's residence) was used?

A. I think you would have to review Ohio law.

Mike.

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Answered on 5/26/10, 5:18 am


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