Legal Question in Family Law in New York

Student in need of help!

I am a student and 19 years of age. My parents are seperated and my mother has manic depression, and paranoia, among other things. My father asked me to leave when I was 17 and we had a verbal contract that he would give me $400 p/ month to live on (partial apt fee). He got remaried and then was unemployes. So I moved back with him for about 2 months. Then yesterday, he stated that he is moving and completely cutting me off. Also, he has not followed through on the divorce agreement either and my mom will not go to court. He has not helped me at all pay for school, and now I am out of a place to live. What am I entitled to, and what can I do??


Asked on 3/02/04, 3:16 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Student in need of help!

Unless there is a separate Stipulation or Order for your Child Support, you are not "privy" to the terms or conditions for child support that may be included in your parent's divorce judgment.

However, NY requires that a parent is obligated to pay "child support" until the child is age 21 years old.

Therefore, you may file a Petition for child support in the family court, on your own, if you are not receiving support; and are without funds of your own.

Once your Petition has been filed and you are scheduled to appear before the Examiner; be prepared to provide your financial info, a net worth statement and other circumstance info that has a bearing on your case,

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 3/03/04, 7:31 pm


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