Legal Question in Family Law in New York
Stopping Child Support Payments
I have been paying child support payments to my ex-wife. Several months ago she moved out of NY State. She is living somewhere in Georgia. My son is currently not living with her and he is not even living in the same state as his mother. She is still receiving Child Support payments. Is it possible to eliminate the payments? My son is not seeing any of the money.
2 Answers from Attorneys
Re: Stopping Child Support Payments
If you are sure that your son is no longer living with her and is emancipated or living independently, then yes you may petition the court to terminate support.
Re: Stopping Child Support Payments
Well, it depends on what she is doing with the money and with whom your son is residing. If you son is staying, for example with his grandmother, and your ex-wife is giving her mother money to care for your son, then that seems fair. However, it sounds like you can petition the family court to grant custody to you since your son is not living with his mother. Also, if you don't know who your son is residing with or if you object to that situation, then you should petition the court for custody and separately petition the court to modify child support with the change in circumstances being that your son is not living with his mother.
You should seek the services of a competent family law attorney.