Legal Question in Family Law in Pennsylvania

Ending of child support obligation

We have recently moved to PA from NY. The order of support is through NY. My ex-wife has moved down the street from me and resides in PA also for the past 6 months. The kids are going to be 15 and 14 in October and are already planning to quit school and stay home. One says he wants to work the other says no.The ex-wife is still legally married to her second husband with whom she has two kids and is living with the third father of the last two kids.She is currently going to court for support of the second two in NY and the current boyfriend works full time, she does not work though she has a CDL through PA from when she lived here before on welfare.The kids are in school except for the two youngest that are 4 and she is capable of working but said she doesn't have to, she can just collect child support. If the kids quit school like she did, do I have to continue to pay support? Do I have a better chance if I push to have it transfered to PA since we are both living here? Or is there a way to get it dropped or reduced in either state? When she works she makes more an hour than I do which is one of the reasons she won't work because the child support would be reduced.If the kids are 16 and able to work do I still pay for them?Thanks


Asked on 9/18/05, 3:14 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Ending of child support obligation

NY will continue to retain jurisdiction over the Order for Support entered in NY, notwithstanding the State that may enforce or modify the Order.

Child Support, per NY law, continues to age 21, unless the "child" is emancipated.

"Emancipation" does NOT occur automatically nor is determined to exist merely because a "child"

is not gainfully occupied in school or work.

A NON custodial parent is unlikely to be granted modification or termination of child support per a Petition for their "child's emanicipation.

In a word, live with the Order, and your sense of hopelessness about your children's future, without complaint; or obtain or attempt to acquire "full" responsibility and custody of your children, "for their best interests" and in order to insure their compliance, with your ideas about how they should be living their lives.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/19/05, 1:05 pm


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