Legal Question in Family Law in New York

Child support

I went to court for a modification for child support with my daughter' mother, whom my daughter who has two children of her own, has not lived with for over 7 years. The childsupport order was terminated & now my daughter' mother is threatening me by saying she had to take a day off from work to go to court & if I do not pay her for that day, she is going to take me back to court for childsupport. Can she do this to me when my daughter has not lived with her & still does not live with her to this day. Also my daughter is 20 years old & will be 21 next november.


Asked on 12/15/06, 2:38 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child support

This sounds very contentious and I shall try to give you some guidence.

1. You do not have to compensate your ex for the court date. Pay no attention to hers or her lawyer's demands on this point.

2. The issue of whether the child support can be terminated is not as easy to analyze as the previous question. This is because of insufficient information.

(i) If your daughter is married, the support can be terminated.

(ii) If your daughter is living with another man, the support can be terminated.

(iii) If your daughter is living away from the home of the custodial parent (your ex), then the support can be terminated if the custodial parent is not 'supporting' your daughter.

daughter in school: support continues

daughter working full-time: support terminates

This question is dependant on what is really happening in the lives of your ex and your daughter.

You are welcome to follow up on this question with me for no fee.

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Answered on 12/15/06, 2:50 pm


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