Legal Question in Family Law in New York

My question is about discontinuation of Child Support. My 18 year old has lived with her mom and mom allowed & participated in drug use. The mother and child cut me off and was alienated when I was able to get her into (outpatient) rehab the first time (she had two more after - starting at age 16) CPS nor the courts would intervene. Finally my daughter was arrested for drug possession and dealing (at age 17) and allowed an Adolescent Diversion Program where the charges would be dropped if she was in a residential rehab program for 9-12 months. (otherwise class C felony and one year jail time).
Since our daughter no longer resides with mom, what are the NY legal statues that would suspend or terminate my child support. Also based on the criminal activity and/or the child not residing at mom's house (actually moved in with her boyfriend over the summer and was living there until arrested in last week of October (and was not going to school either) - has she technically emancipated herself. She is attending classes at the rehab center

Asked on 3/20/13, 4:21 pm

Kristen Browde Browde Law, P.C.

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You may not simply stop paying child support. You need to move in court to modify the order or declare emancipation.

Answered on 3/20/13, 4:52 pm

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