Legal Question in Family Law in New York

I was divorced in NY in 2000. I have been paying child support to my ex who moved to NH with my children. I currently live in Florida. Our agreement states I pay support until the last child turns 21 or both are living on their own if sooner. My son who is 20 is moving in with me this summer and my daughter who is 18 is moving in with me for about a month until she moves into her college dorms in August, which is a mile from my home. After a year in the dorms she will be residing with me for the rest of her 3 or more years in college. Legally can I stop paying my ex the child support once both children are not under her roof.


Asked on 5/12/10, 8:10 am

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

If the agreement states that you do not have to pay once the children either turn 21 or move out of their mother's home, then you should petition the court.

I hope that this answers your question.

Feel free to contact us at 212-962-1031 if you wish to discuss this in further detail.

Patricia Martin-Gibbons

Read more
Answered on 5/19/10, 5:55 am
Michael Markowitz Michael A. Markowitz, PC

I agree with Patricia. LEGALLY, you must continue to pay support until there is an order giving you custody. Therefore, I would petition the Family Court.

Mike.

Read more
Answered on 5/19/10, 7:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York