Legal Question in Family Law in New York
Constuctive emancipation
My 19 year old son lives with me. His mother has filed a petition to stop paying child support on the grounds of constuctive emancipation. She left me to continue an affair with a married man 5 yrs ago. She left him with me. At that time, he was 14 yrs old. They ahave not been able to work out their problems as she comes in and out of his life every few months or so.. He is angry with her because she refuses to appologise and mother him full time.
Does she have a case? Do i bring him to court to defend himself?
1 Answer from Attorneys
Re: Constuctive emancipation
Unless there is a separate agreement regarding support payments beyond your son's 18th birthday, your ex-wife probably does not have further obligation with respect to child support payments, but there appear to be other issues involved which have nothing to do with legal obligations.
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