Legal Question in Family Law in New York

Re: child support order

Yes. Your daughter may have a case for arrears based on an existing Court Order for child support, that was not changed or modified by the Court.

You also may be obligated to pay current child support. In NY, a parent is obligated to pay child support to age 21, unless the child is deemed emancipated. Emancipation usually refers to the child's self support, school completion, etc..

Your daughter's deceased mother did not have the right to waive child support for your child and the Court is not generally inclined to enforce an agreement that is void on its face. However, to the extent that Court accepts the deceased mother's alleged waiver of enforcement or collection of child support ordered, that waiver may not be applied to deny your daughter her right to collect "child" support from you now.

Waiver of arrears is granted in only limited circumstances and current support is rarely waived

Child support is an ongoing obligation and it continues until or unless there are certain events in the child's or the (non custodial parent) payor's life, terminating or reducing that obligation.

Since the payor is required to petition the Court to change or modify the Court Order, if there was a change in circumstance warranting reduction or termination of the child support, the Court rarely waives arrears.

Good luck,

Phroska McAlister, Esq

Eleven Penn Plaza Suite 2101

New York, NY 10001

212-695-6638

Re: child support order

Well, the law on this is in a state of flux.

A case was recently decided which allowed a waiver for child support.

It remains to be seen exactly what this will mean in other cases. Your letter may be a waiver, or may not be.

I'm sorry that I cannot be more definitive.