Legal Question in Family Law in New York

Child Support

3 kids, 2 (Age 20, 16) live with mother, 1 (Age 18) with father. In the beginning all 23 lived w/mom. However 10 months ago 1 left to live with Dad. Father continue paying full amount based on verbal agreement w/mom that after Mom married all child support would stop. Mom married, still requesting child support for 1 (16). What are the rules regarding dual custody. Does dad have legal rights to go back and collect overpayment. Can mom continue to receive for 2 even though 1 in dad household? Can Dad get support from Mom for 1 living in his household? Do the older two cancel each other out, and if so, then when oldest is 21 do the other two cancel each other out? I hope this makes sense.

Thank you very much


Asked on 10/28/05, 8:42 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support

Generally, court ordered child support payments for 3 children should be reduced; or offset by the sum of money the other parent would be obligated to pay for the one child, living with the father, if the child's primary residence is changed to that of the father or payor parent.

To wit: The 29% of CSSA for 3 children would reduce to 25% for 2 children. Father would be entitled to 17% for 1 child from the mother. Or some other variation, depending upon each parties household income and circumstances.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/31/05, 9:29 pm


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