Legal Question in Family Law in New York

Working children and child support

I was divorced in NY. I now live in Va and my x lives in NJ. We have three children, now 21, 18, and 16. The oldest in in community college, full time and working full time. She has also moved out, stating ''she has moved out for good, but only found a lease for the school year, again she attends community college. My divorce states at 30 hours per week employment, I have no obligation to child support. It also states that if the child moves out, I have no obligation. The age limit states 22. I have stopped paying my x any support for her and now send the check directly to the child. I do this to help elevate some stress off her. Now my 18 year old, who the mother allowed to drop out of school also works full time, over 30 hours per week. I have set up an account for her and put the monies in that account for her future schooling. My x says she is not emancipated I must send her the money although she has not purchased this child ANY clothing or previous school needs. My 16 year old just informed me he had taken a job with his step father and was never paid. I was never informed. I have never rec'd school documents, medical documents, etc. in the past 5 years. I have kept up my surrport payments and visitation. Must I pay my x?


Asked on 10/20/05, 12:21 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Working children and child support

This is a difficult situation. Child Support is considered a 'sacred thing' here in the USA, so her lack of mothering is not relevant.

If the agreement says that you no longer are required to pay support, then you do not need to pay support. (You might want to indicate this to the Child Support Division of the Family Court.)

I am concerned about, "My 16 year old just informed me he had taken a job with his step father and was never paid."

This can be good or bad and is not related to child support. But kids should see a return on their efforts to help build respect for the process of work.

Support must still be paid on the 16 year old.

You should be commended for continuing support in the form of an education account for your 18 year old. Well done!

Read more
Answered on 10/20/05, 4:34 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York