Legal Question in Family Law in New York

Support o19 1/2 with an order of prtection against her by custodial parent

For the last three years my two custodial children have run rampent. They are close to being 19 and 20. In July of 2001 I had to take out orders of protection against them as they were trashing the house, ruined my pc,made a phone bill of $800, and became totally out of control. The orders state all the issues. My then 18 son( with a black belt) threatened to kill me. On march 20 the courts awared my daughter child support. This encludes from the dates she freely left the house on JUly 17 till the present as she is still out of the house. Am I responsible for her support? till when? even with the OOP against her and her brother. She is the only one who filed for support, he is working. Please answer asap. Most appreciatove of your help/


Asked on 4/20/02, 12:48 pm

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

Re: Support o19 1/2 with an order of prtection against her by custodial parent

If this support order was issued by a Hearing Examiner, it should include on it / with it instructions for how you can file an Objection with the Court.

You might consider filing such an objection. The basis, probably, being that this young person has "effectively" emancipated herself by virtue of her behavior and voluntary "abandonment" of your home, through no fault of *your* own.

"Emancipation" is a tricky concept - - it is NOT what most folks think it 'ought' to be; so I would further note that filing such an objection is, at best, a 50% - 50% proposition in terms of chances of success.

Good luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 4/20/02, 1:38 pm


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