Legal Question in Family Law in New York

Child Support for 18 year old college drop-out

Child support for my 18 yo stopped when dad retired on disability 8/97. I did not enforce the order, but paid for full-time college, gave the son a car, and he lived at home until 11/17/97. We had conversations and arguments about his lack of responsibility and not doing well in school and at his job. He was asked to stay off drugs & alcohol. He continued.. I found seeds,small amount of marijuana & paraphenilia in the house and confronted him. He moved in with dad, dropped out of school, got fired from his job, crashed his car. He does not want to work tells me he wants to hang out for 1 yr. Dad has petitioned me for support. Do I have to pay? Do I need a lawyer?


Asked on 1/19/98, 11:40 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

child support for drop-out

It is w/in the realm of possibility that you might be able to successfully argue that the youth has 'emancipated' himself .. at least to the extent of leaving your home w/o just cause &, thereby, relinquishing the right to receive support from you. I stress the word "might". It is not an argument that the system likes to hear. I don't know how to advise you as to whether the chances of making this argument are better with or w/o an attorney. It would mean, at a minimum, finding a lawyer who 'believed in' the theory to the extent of being ready/willing/able to struggle to present it. If this argument fails, yes, you are likely going to be paying support. Good luck.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 1/27/98, 11:33 pm


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