Legal Question in Family Law in New York

termination of child support

In my divorce decree dated 4/3/98 I was ordered to pay support to my three children through an income execution order. One of my children will turn 21 in the near future. What action, if any, do I need to take to insure the support does not continue to be taken out of my payroll check for this child?


Asked on 2/09/07, 1:45 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: termination of child support

You may file a Petition or Motion (in Family or Civl Supreme Court), to terminate support for your 21 yr old child and to downwardly modify your existing child support order.

HOWEVER, such a petition, could result in your child support "dollar amount" obligation remaining the same; or a Court Order for Upward Modification of your child support obligation.

Please note: the child support you will be ordered to pay, for your 2 children, under 21, will NOT be based upon your 1998 divorce, but upon your current (2007) income and resources, pursuant the CSSA, and its amendments.

To Wit: 25% of $200.00 = $50.00 Whereas,29% of $100.00 = $29.00

Good luck,

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Answered on 2/09/07, 3:06 pm


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