Legal Question in Family Law in New York
Termination
What are grounds to have child support terminated or vacated? Is there a hearing for the vacating of the order or do both parties get notified and can either fight it or just let it occur? What are the common grounds for termination of child support? Where can the paperwork for the termination be gotten?
p.s. Would I need a lawyer or is this a rather simply matter?
2 Answers from Attorneys
Re: Termination
Child support can be terminated by the ascension of majority of the children (age 18) or by loss of custody of the child by the parent receiving child support.
The support is for the child and will continue as long as the parent paying does not have custody.
Good luck.
Re: Termination
Court Ordered Child support may not be terminated or vacated without Notice to all interested parties and an opportunity for all parties to be heard.
Grounds for termination or vacatur of Child support are WHEN "the Child" is no longer "a Child" by law, that the parents are obligated to support.
Parents are not obligated to pay child support if the child is a "legal" adult.
To wit: a) Age of majority in NY is 21 years old. Many other states the age of majority is 18. b) Emancipation, if under age of majority, AS Determined by a Court of competent jurisdiction. c) full time enrollment in a Armed Service, if under age of majority; but may revert, if "child" leaves armed service before majority. d) Adoption; and so forth.
Good luck,
Phroska L. McAlister,ESQ
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