Legal Question in Family Law in New York

child support

when the child moves out and she's 18 years old? where will i send the child support? to her or to the other parent? or should i still send child support?


Asked on 12/04/06, 5:59 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child support

Absent the child/ren reaching the age of majority, A non custodial parent does not have the right to unilaterally end child support payments, ordered by a Court, for any reason.

But, If the "child" moves out from the custodial parent's home, care and support, at 18, the non custodial parent may Petition the Court, to terminate support on grounds that the "child" is emancipated.

However, to succeed the Petition will probably need to recite that the "move out" is permanent (ie., not temporary or away at school); and the custodial parent is no longer supporting the child nor any other child, the noncustodial parent has a an obligation to support.

Good luck,

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Answered on 12/06/06, 4:40 pm


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