Legal Question in Family Law in New York

My husband is planning on petitioning the court to end his child support obligation for his daughters from his previous marriage and we were wondering how he should best handle this.

Husband's ex-wife has had sole custody of the older daughter since she moved her out of state over 5 years ago. Husband was granted sole custody of the younger daughter at the same time. Since that time, older daughter and the ex-wife have moved several times and have not provided any contact information and there has been no contact for years. At this time, we only know that ex-wife, older daughter and older daughter's son are living somewhere down south between 2 different states. The support order states that my husband is responsible for child support up until the age of 21 or until the children have completed 4 consecutive years of full-time college education, whichever occurs last unless there is another emancipating event. The only change to the order has been an offsetting of the amount of support that my husband pays his ex-wife for the older daughter when he got custody of younger daughter. (Husband was required to maintain health insurance for both daughters despite the change in the custody agreement.)

At this time, the older daughter is going to be turning 21. The younger daughter is currently 19, but a little less than a year ago decided that as she was an adult, she didn't want to abide by house rules and moved out. The 19 year old has since entered the military and is now on active duty in the army. The younger daughter also has not kept in contact with us since she moved out, and as we have absolutely no contact information for the ex-wife, we have had no way of contacting her to inform her. We are fairly certain however, that the ex-wife is aware that this daughter is in the army as family members on the ex-wife's side have more than likely informed her.

At this point, we are wondering what form(s) should be filled out and if my husband should even include any mention of the younger daughter on the petition as the last order states that he has sole custody of her and therefore didn't have to pay child support for her anyway (although he still is supposed to provide insurance). We're also wondering what will most likely happen with the case since we have no earthly clue how to get the ex-wife served as we don't even know what state she is currently in. Can the ex-wife keep collecting child support payments for the older daughter that is turning 21 indefinitely simply because we don't know where she is and can't get her served? I'd have to think that would be a bit outrageous if that could happen simply because we can't find the ex-wife. If someone could point us in the right direction, it would be greatly appreciated.


Asked on 10/12/12, 6:38 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

As you have custody of your younger daughter you do not have to include her in the petition. She is emancipated anyway http://answers.uslegal.com/minors/emancipation-of-minor/15460/ also as she is in the military there is no need to include her in your healthcare plan.

As to your older daughter if she is 21 and you know she is not in school you can stop payments. If you wish to go to court provide the clerk in your county family/district court with the last known address of your ex. If the payments are being made through the collection office of the State make sure you advise them of her age (use the certified copy of the divorce judgment as proof) and the fact she is no longer in school. if they continue to collect you have to go to court.

Read more
Answered on 10/31/12, 2:10 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York