Legal Question in Family Law in New York
Emancipation
My divorce agreement does not address emanciaption. My child who is 18 has joined the air force and will be leaving his mothers home shortly. Can I automatically reduce the support from 25% to 17% (for my one remaining child living with my ex wife) or do I have to go to court?
Asked on 8/28/04, 2:07 pm
1 Answer from Attorneys
Phroska L. McAlister
PHROSKA LEAKE McALISTER
Re: Emancipation
You may not unilaterly reduce your child support payments being made per a child support court order. You must file a Downward modification petition and proabably have your oldest child declared emancipated.
Good luck,
PHROSKA L. McALISTER,ESQ.
Answered on 8/28/04, 11:27 pm
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