Legal Question in Family Law in New York

Child Support
To whom It May Concern:

I have three children ages 21, 20, 18. I have been paying child support for all of them. My question is my daughter turned 21 in Dec of 2004 and I have still been paying child support for her, can I get a refund on the money overpaid? I pay $110 per week, and I am now unemployed, my boyfriend wants me to ask for a reduction, do you think that one would be granted? I think I should just keep things as they are since my son will be going into the Military next June and my second child will be 21 next Sept and then I would be finished with the child support totally.

Thank you for your time

NY, NY

Asked on 10/24/05, 7:23 pm

John O'Donnell Attorney at Law

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Re: Child Support

To reduce your child support payments based upon an emancipation, you must file a petition with the court.

There are many considerations that go into a decision to proceed with such a petition--some legal, some strategic.

Best of luck.

I would recommend that you consult with an attorney and provide them with all of the facts and circumstances.

Please feel free to contact me if you need further legal assistance in this matter.

Answered on 10/25/05, 8:12 pm

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