Legal Question in Family Law in New York
Petition to modify an order of Support
In New York State the non-custodial parent is obligated to pay child support until the child reaches the age of 21, or at the judge's discretion under certain circumstances. The circumstances are that the child is 18 and although the child still resides with the custodial parent, she is working. In addition, the non-custodial parent has recently been laid off and is collecting unemployment. The child is not attending school. The non-custodial parent wants to modify the order for support by either not paying support any longer due to the child's employment, or reduce the order due to the child's employment and his temporary unemployment. Is there a cite to which you can refer. Thank you for your assistance.
1 Answer from Attorneys
Re: Petition to modify an order of Support
You don't need any caselaw or statute on this. Just explain the facts to the judge.
An easy way to get this before the court is by an 'order to show cause' and petition for 'tolling' the support.
You may get an order whereby your obligation to pay support is suspended until the child enrolls in school while under 21. You have a strong chance of success.
My fee for such a case woulf be $500.00.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
