Legal Question in Family Law in New York
''emancipaton who do you know if the child is''
my daughter is 19 as of may 21st,, she is just shy of working full-time by 5 hours. she is not a college student which i have encouraged her to start school. i am now being taken to court by my ex-wife for the 1st time in 18 yrs. this has never been a court issue or matter. i have always given the support on time and owe no ereas. i do wish to prove my daughter is emancipated though?? how do i do thati have3 other children i am still raising 1 of which is my own and the other 2 are my step- kids which i receive no support from there real dad.. i feel in my heart my daughter is on her own, my ex- wife is saying she is not emancipated because she can't drive and is ADHD. does this mean anything?? please let me? i have always done the right thing by all my kids and treat everyone fairly. i think she can live on her own but her mom does not want her to because there will be no more money in her pocket book for herself. and she will have to go get another job to help pay her mortgage and she does not want to do that-(my ex-wife).. so please tell me what to do
2 Answers from Attorneys
Re: ''emancipaton who do you know if the child is''
from your description you should be relieved of child support obligations for that daughter, but you should not go into court alone. Call for free consultation 212 683 8677
Re: ''emancipaton who do you know if the child is''
You are obligated to pay child support for your child until she is 21 yrs old.
You, as the non custodial parent are essentially without "standing" to claim that she is emancipated, if she is not enitirely self supporting; and not yet 21.
The Court does not consider your child support obligations for children that are not yours; and for whom there is no legal obligation to support.
You will probably not be relieved of your support obligation, based upon the circumstances described.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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