Legal Question in Family Law in New York
nys child support law
two boys 18 and 19 yrs old. one lives with the father, one lives with mother. father makes more money. the father stopped paying child support all together june of 2006 when 18yr old graduated high school and went to live with the father. up until then both boys lived with the mother. isnt the father still obligated to pay ''something'' for the child that is with the mother since he earns more than the mother? the child that lives with the mother is a full time student working part time. father has contributed nothing to college tuition expenses that are not covered by stafford loan. approximate amt out of pocked for college expenses not covered is 1200.00 since sept of 2006. tx
sue
1 Answer from Attorneys
Re: nys child support law
If a child support Court order exists, father may be in violation of same and accumlating arrears.
If there is a great disparity in household income, between the two parent's, then Court will likely decide to utilize a formulae that reflects the respective parties' incomes, that lessens the disparity.
If father is a college graduate, the Court may decide that father should contribute to tuition, in addition to ongoing support, for the 19, year old, until he becomes 21.
Do not delay further, in seeking Court relief. The matter may be handled in Family Court, a Pro Se Court, if a Certified Copy of the Orginal Divorce Judgment is submitted, for modification, as may be necessary.
Good luck,
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