Can I File a Motion Before First Court Appearance?

[seekinghelpny]

What is the name of your state (only U.S. law)? New York
I filed a petition in Family Court to terminate the child support for my child who is over 18 years old. I believe I have a strong case for constructive emancipation. It’s my understanding if child support is modified the modification would be retroactive to the petition filing date. If my case took six months for a final decision in my favor then I would technically have six months of child support credit. Since I pay my child support to the Child Support Enforcement Bureau it would be impossible to collect the credit from them. My thought is that I would like to file a motion to suspend child support until the final decision of the court. If the decision was not in my favor then I would pay the suspended amount in full as a lump sum and continue to pay child support. If the decision was in my favor then I would not lose my credit. I have read this forum for several years and have seen that there are strong views on both sides of paying child support. Without debating the merit of my case, I would like to know procedurally, can I file a motion before my first court appearance?

 

[tranquility]

Motions are often filed before the first appearance. They may not be decided before a decision in the case and a motion will not stay your requirement to pay.

 

[Just Blue]

Px Hx is a must.

 

[seekinghelpny]

Px Hx is a must.

What does Px Hx mean? Also, is there another procedure to follow to get the Support Magistrate to suspend child support at the first court appearance?

 

[tranquility]

What does Px Hx mean? Also, is there another procedure to follow to get the Support Magistrate to suspend child support at the first court appearance?

It means posting history.

No, you will need a motion. If you word it in a way the judge thinks you should win immediately (Or, are likely to eventually win and not deciding now would cause undue hardship.), he will decide for you.

 

[latigo]

What is the name of your state (only U.S. law)? New York
I filed a petition in Family Court to terminate the child support for my child who is over 18 years old. I believe I have a strong case for constructive emancipation. It’s my understanding if child support is modified the modification would be retroactive to the petition filing date. If my case took six months for a final decision in my favor then I would technically have six months of child support credit. Since I pay my child support to the Child Support Enforcement Bureau it would be impossible to collect the credit from them. My thought is that I would like to file a motion to suspend child support until the final decision of the court. If the decision was not in my favor then I would pay the suspended amount in full as a lump sum and continue to pay child support. If the decision was in my favor then I would not lose my credit. I have read this forum for several years and have seen that there are strong views on both sides of paying child support. Without debating the merit of my case, I would like to know procedurally, can I file a motion before my first court appearance?

I see no reason why you could not file a motion for a temporary order suspending such payment pendente lite and have it heard summarily.

If in your supporting affidavit you present solid factual and legal grounds justifying the relief sought in the petition, the court ought to give it favorable consideration.

Also, you should advance the argument that if your are no longer legally obligated to pay support to CESB, continuing to do so pending hearing on the petition would result in irreparable financial harm. Because it is questionable whether or not the court could order CESB to issue a refund.
___________________

 

[nextwife]

1. Is it not true that the age of majority in your state is 18-years of age?

If so, why would you be asking for termination of the child support obligation based upon "constructive" emancipation when the child is legally emancipated?

2. Is there a family court order in place requiring that you provide financial subsistence for the child beyond the age of 18?

New York goes to 21 normally.

 

[latigo]

New York goes to 21 normally.

Correct! My mistake in not looking first at New York Law and relying on various related web sites.

Thanks!

Family Court

§ 413. Parents' duty to support child. 1. (a) Except as provided in
subdivision two of this section, the parents of a child under the age of
twenty-one years are chargeable with the support of such child and, if
possessed of sufficient means or able to earn such means, shall be
required to pay for child support a fair and reasonable sum as the court
may determine. The court shall make its award for child support pursuant
to the provisions of this subdivision. The court may vary from the
amount of the basic child support obligation determined pursuant to
paragraph (c) of this subdivision only in accordance with paragraph (f)
of this subdivision.

 

[wavehopper27]

Applicable Rules



In New York, there is no specific emancipation statue that the court proceeds by or follows. Instead, the court depends upon the specific facts of the case in front of it to determine if a minor should be emancipated from his or her parents. Thus, the law regarding emancipation of minors in New York has evolved from case law. Even the definition of emancipation in New York has evolved from case law. Emancipation in New York is the “renunciation of parental rights to a child.” This definition has evolved from the following cases in the New York courts: Gittleman v. Gittleman, and Wayne County Department of Social Services v. Schults.

When Emancipation is Appropriate

There are several instances in New York in which a minor is allowed to become emancipated from his or her parents. These circumstances have, once again, evolved from court cases of the state. In New York, a minor can become emancipated if he or she is married (according to the cases of Cochran v. Cochran, Matter of Williams, and Bach v. Long Island Jewish Hospital). A minor can also become emancipated if he or she is in the armed services (according to the cases of Zuckerman v. Zuckerman and Fauser v. Fauser).

Financial Independence

Additionally, a minor can become emancipated from his or her parents if the minor is currently financially independent from the parents and the minor has an established home (this law has evolved from the cases of Roe v. Doe, Knoll v. Kilcher, Rosemary v. George, Bickford v. Bickford, and Giovagnioli v. Ft. Orange). Finally, a minor can become emancipated from his or her parents in the state of New York if the parents are unable to fulfill their parental obligations. For example, if the parents are not providing food for the child. This has evolved according to such cases as Murphy v. Murphy.

 

[latigo]

Applicable Rules

In New York, there is no specific emancipation statue that the court proceeds by or follows. Instead, the court depends upon the specific facts of the case in front of it to determine if a minor should be emancipated from his or her parents. Thus, the law regarding emancipation of minors in New York has evolved from case law. Even the definition of emancipation in New York has evolved from case law. Emancipation in New York is the “renunciation of parental rights to a child.” This definition has evolved from the following cases in the New York courts: Gittleman v. Gittleman, and Wayne County Department of Social Services v. Schults.

When Emancipation is Appropriate

There are several instances in New York in which a minor is allowed to become emancipated from his or her parents. These circumstances have, once again, evolved from court cases of the state. In New York, a minor can become emancipated if he or she is married (according to the cases of Cochran v. Cochran, Matter of Williams, and Bach v. Long Island Jewish Hospital). A minor can also become emancipated if he or she is in the armed services (according to the cases of Zuckerman v. Zuckerman and Fauser v. Fauser).

Financial Independence

Additionally, a minor can become emancipated from his or her parents if the minor is currently financially independent from the parents and the minor has an established home (this law has evolved from the cases of Roe v. Doe, Knoll v. Kilcher, Rosemary v. George, Bickford v. Bickford, and Giovagnioli v. Ft. Orange). Finally, a minor can become emancipated from his or her parents in the state of New York if the parents are unable to fulfill their parental obligations. For example, if the parents are not providing food for the child. This has evolved according to such cases as Murphy v. Murphy.

While you are doing your engine searching you might study the definition of the English word, PAGIARISM. *

And the legal term “obiter dicta” because your “cut and paste” effort does not address the question of whether the New York family court will/can entertain the OP’s proposed motion to seek a temporary suspension of the current child support order pendente lite!

_____________________

[*)

[SUP]www.ehow.com/list_6358441_new-york-state-emancipation-l

In New York, there is no specific emancipation statue that the court proceeds by or follows. Instead, the court depends upon the specific facts of the case in front of it to determine if a minor should be emancipated from his or her parents. Thus, the law regarding emancipation of minors in New York has evolved from case law. Even the definition of emancipation in New York has evolved from case law. Emancipation in New York is the “renunciation of parental rights to a child.” This definition has evolved from the following cases in the New York courts: Gittleman v. Gittleman, and Wayne County Department of Social Services v. Schults.

When Emancipation is Appropriate

There are several instances in New York in which a minor is allowed to become emancipated from his or her parents. These circumstances have, once again, evolved from court cases of the state. In New York, a minor can become emancipated if he or she is married (according to the cases of Cochran v. Cochran, Matter of Williams, and Bach v. Long Island Jewish Hospital). A minor can also become emancipated if he or she is in the armed services (according to the cases of Zuckerman v. Zuckerman and Fauser v. Fauser).

Financial Independence

Additionally, a minor can become emancipated from his or her parents if the minor is currently financially independent from the parents and the minor has an established home (this law has evolved from the cases of Roe v. Doe, Knoll v. Kilcher, Rosemary v. George, Bickford v. Bickford, and Giovagnioli v. Ft. Orange). Finally, a minor can become emancipated from his or her parents in the state of New York if the parents are unable to fulfill their parental obligations. For example, if the parents are not providing food for the child. This has evolved according to such cases as Murphy v. Murphy.

[/SUP]

 

[wavehopper27]

I

While you are doing your engine searching you might study the definition of the English word, PAGIARISM. *

And the legal term “obiter dicta” because your “cut and paste” effort does not address the question of whether the New York family court will/can entertain the OP’s proposed motion to seek a temporary suspension of the current child support order pendente lite!

_____________________

[*)[/SUP]

pla·gia·rism /ˈplājəˌrizəm/

Noun The practice of taking someone else's work or ideas and passing them off as one's own.

1. Its spelled PLAGIARISM. If your going to throw accusations around either learn how to spell them or at least spell check them.

2. At no point did I attempt to pass off what I wrote as my own.

3. Its fairly common practice to copy and paste applicable statutes, rules and anything else that may pertain to the question at hand. Does one get accused of plagiarism if they copy and paste laws from state websites?

4. I found what I thought to be was some relevant information that the OP might find useful so sue me.

 

[LdiJ]

I

pla·gia·rism /ˈplājəˌrizəm/

Noun The practice of taking someone else's work or ideas and passing them off as one's own.

1. Its spelled PLAGIARISM. If your going to throw accusations around either learn how to spell them or at least spell check them.

2. At no point did I attempt to pass off what I wrote as my own.

3. Its fairly common practice to copy and paste applicable statutes, rules and anything else that may pertain to the question at hand. Does one get accused of plagiarism if they copy and paste laws from state websites?

4. I found what I thought to be was some relevant information that the OP might find useful so sue me.

When we do that, we put it in a quote box so that its clear that we are quoting someone else. If you don't put it in a quote box, then its going to appear that you intend for us to view it as your own work.

 

[not2cleverRed]

I

pla·gia·rism /ˈplājəˌrizəm/

Noun The practice of taking someone else's work or ideas and passing them off as one's own.

1. Its spelled PLAGIARISM. If your going to throw accusations around either learn how to spell them or at least spell check them.

2. At no point did I attempt to pass off what I wrote as my own.

3. Its fairly common practice to copy and paste applicable statutes, rules and anything else that may pertain to the question at hand. Does one get accused of plagiarism if they copy and paste laws from state websites?

4. I found what I thought to be was some relevant information that the OP might find useful so sue me.

Actually, I think "pagiarism" is a rather cute misspelling when you think about it. Could be a submission for a new word in the Urban Dictionary... Wonder what the difinition on
My Word would be...

Not that I thought you were writing laws.

 

[Silverplum]

When we do that, we put it in a quote box so that its clear that we are quoting someone else. If you don't put it in a quote box, then its going to appear that you intend for us to view it as your own work.

There is no "we" in this instance.

All I do is give a link to where I got the stuff, and put quotation marks around it. Sometimes I italicize.

Either way, I had no doubt wavehopper was quoting someone.

 

[Zigner]

Applicable Rules

blah blah blah

Totally irrelevant as it has nothing to do with emancipation for CHILD SUPPORT PURPOSES.