Legal Question in Family Law in New York
Is This the End ? How do I terminate this?
I was divorced in 2000, my son was 18, and no support was required for him. My daughter was 16. Our agreement stated that I would pay support for her as long as she went to school (college). She is now 20, and completed her freshman year last year. This year she did not go back, preferring to ''take a year off''. I was given to understand at the time of the agreement if this happened, it terminated the agreement. She claims she is still taking some ''on-line'' courses, although I have no way of knowing if she really is. I have not seen her in years, although she lives a few miles from me. I was told I needed a court order to terminate the support. Is this a big complicated deal? This settlement has left me almost destitute, and I cannot afford to get involved in another long, expensive proceeding.
1 Answer from Attorneys
Re: Is This the End ? How do I terminate this?
Usually support is until child is 21, however your agreement may be different.
It would be possible for to go to family court to request the termination of support. It would be up to the judge to determine if you could cancel the support prior to your daughter turning 21. If she shows on-line courses it would have to be sufficient to show continued enrollment in college.
The visitation cannot be enforced against a child over 16 though if she is refusing to aknowledge you as a parent that may be grounds to end suppport.
You would not need a lawyer to do this though it is recomended especially if you are going to do it based upon visitation denial.