Legal Question in Family Law in New York
My husband and his ex-wife have two daughters from their marriage and were divorced in 2003. In 2005, my husband gained residential custody of the younger daughter, while his ex-wife retained residential custody of the older daughter. In 2007, the ex-wife gained sole custody of the older daughter and moved with the child to NC, my husband gained sole custody of the younger daughter and we remain in NY.
There has been no contact between the daughters or the daughters and their non-custodial parents since 2005.
Current support order states that my husband is to pay child support for the older daughter until she turns 21, completes 4 years of continuous full-time college education, or until there is another "emancipation event", whichever occurs first. No child support is paid to my husband by his ex-wife for the younger daughter that lives in our home as he earned more money at the time and he only pays an "offset" amount.
Since the time of the order, we have received word from various family members (including the ex-wife herself) that the older daughter is now pregnant and that the ex-wife is now working more than one job (seems as though income has increased), however my husband became unemployed and when he did find work, is now making less money than when the order was created. Also appears as though the older daughter has now dropped out of high school, is working full time and is no longer living with her mother, but we have no way of verifying that information at this time.
My husband's ex in-laws are expecting my husband to pay even more in child support now based upon the fact that the older daughter is pregnant (just turned 18). My husband has been asking the court since 2005 to please make the child support obligations a wash based upon sole custody of the daughters and the fact that each parent has one child of the marriage.
Based upon the information above, my questions are:
1 - Would a judge consider the birth of this baby an emancipating event?
2 - Could a child support judge actually increase my husband's obligation because his daughter became pregnant and has a child of her own?
3 - Would it be worth trying to request a modification of the child support order based upon income changes and/or possibility of emancipating event when the older daughter has this child to again request a "wash" in support payments?
4 - Would it be uncommon for a judge take into consideration that although the order originated out of NY, that this daughter has been living in NC for 3 years already and that by NC laws, she would already be viewed as being emancipated?
Any help would be greatly appreciated!
1 Answer from Attorneys
1. The birth would not necessarily be an emancipating event. However, dropping out of high school and working full time could possibly be one. Getting married would certainly be one.
2. No.
3. The worst possible outcome would be that the request is turned down.
4. Yes, it would be uncommon.
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