Legal Question in Family Law in New York

My husband has been paying child support to his ex girlfriend for many years. His daughters are now 19 and almost 21. The last time they went to court, the mother said that the girls still live with her and that they are actively in school. We recently found out that this is not true, in fact both girls are living with their boyfriends and apparently have for some time, nor are either of them in school. My husband and I would like to know how we can go about proving this to the court, if the mother would have to pay back support that has been paid to her since the girls left home and if she could possibly be in trouble for lying to the court in the first place, like a fine or jail time for perjury?


Asked on 1/17/11, 2:59 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

I wish I had better news for you but the reality is that it does not matter that they are not in school nor that they live part time or full time with the boyfriend. The custodial parent, her, is the one that gets the child support. New York State requires that child support be paid until the emancipated child is 21 or 22 if they are a full time student.

In your case, your husband should attempt to prove that the children are emancipated based upon the facts that they are not living with mom and self supporting. He might want to consult directly with an attorney.

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Answered on 1/23/11, 1:28 pm


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