Legal Question in Family Law in New York

Re: child support

Your daughter cannot have it both ways. And, you may also be stuck in the same quandry.

To wit:

A person will generally not be considered entitled, by the Court to "child support" if they declare by their conduct that they are not a child, subject to their parent's control; ie, emancipated.

Thus, your daughter may return home.

Or, you may Petition for "custody" of your daughter in order to terminate child support to the custodial mother. Then you can help your daugher, as her custodial parent, in a way that may seem proper to you.

However, a parent can be charged with "neglect" by the Court, if the parent permits or encourages their "child" to engage in inappropriate conduct. (And, teenage sex & sex outside of marriage is still deemed inappropriate conduct).

So, if you seek custody to allow or sanction your daughter's improper conduct, you are unlikely to succeed in your custody petition.

In addition, a youngster generally must be self supporting and excercising mature and responsible judgment, in their personal life, in order for the court to decide that your daughter is emancipated, and not in need of child support.

A "living with" circumstance, without more, is frankly unlikely to impress the Court with your daughter's maturity.

Good luck,

Phroska L. McAlister,EsQ

Good luck,

Phroska L. McAlister,ESQ

Re: child support

You are permitted to stop paying court ordered child support if you petition the court and can persuade the court show the child is emancipated, in this case, that she is no longer living with the custodial parent. Your divorce agreement or stipulation, if you have one, should spell this out as one of the situations where a child is considered emancipated. You must, however, get the court to agree with your presentation of the facts and terminate the court order. Child support is always paid to the custodial parent but you can, of course, voluntarily provide help to your child who is living on her own once you are no longer paying child support. If the court grants your request, it is retroactive to the date of application, so you should act quickly. You may need your daughter's testimony to prove that she is emancipated.