Legal Question in Family Law in New York

Child Support

My husband was required to pay $300 per week for child support. He actually paid $550 per week to ensure that his 2 children were taken care of. They moved out of their mothers house when they were 19 and 20 years of age after flunking out of college. At that time my husband stopped paying support, since they were working full-time and no long living with his ex. That was 2 years ago. His ex is now taking us to court for child support for those past 2 years, even though she was living by herself. My husband did not realize that he had to formally petition the court to emancipate the ''children''. My question is can the thousands of dollars in excess that he paid be applied to the what she is looking for, since she never requested a modification of the original court order and even if she did the $550 was almost double what she was entitled tp?


Asked on 6/15/02, 8:33 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Child Support

Once they moved out they were emancipated. Certainly , the mother was not entitled to any support for them. I don't think anything is owed. Good luck. If I can help you in South Florida let me know.

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Answered on 6/15/02, 9:07 am


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