New York Child Support termination ??

[NCPhelp]

New York state.

My husband pays child support for his son. His son is 19 years old, graduated from high school last June, 2005. Is not continuing on in college, has worked full time since June. He has lived on his own in his own apartment since June 2004. The custodial mother is also here in New York state. The support is garnished and sent directly to the mother by the Child Support collection Unit.

We just found out the son has moved to North Carolina with his girlfriend. What does this do to our case? Is my husband still obligated to pay child support for this minor child until he is 21 years old when he no longer lives in this state. I know the child support is supposed to be for the custodial parent to support the child until they are 21 years old, but how can she do that when he lives 3 states away.

I know that New york state laws states that support is supposed to be paid until they are 21 years old, but isn't there some cases where is it terminated earlier.

We are just trying to find out it if it would be worth filing a termination of support on these grounds.

Thanks,
NCPhelp

 

[snostar]

New York state.

My husband pays child support for his son. His son is 19 years old, graduated from high school last June, 2005. Is not continuing on in college, has worked full time since June. He has lived on his own in his own apartment since June 2004. The custodial mother is also here in New York state. The support is garnished and sent directly to the mother by the Child Support collection Unit.

We just found out the son has moved to North Carolina with his girlfriend. What does this do to our case? Is my husband still obligated to pay child support for this minor child until he is 21 years old when he no longer lives in this state.

Yes, but he can file for a modification of the order since his employment appears to be "permanent in nature. The childs income should be considered by the court in computing the proper amount of child support under the child support standards act. In other words, he may applyto the court for a change in the support amount including the childs income as a numerical factor in the formula. CS also depends upon what is still required of the CP in continuing to support and (maintain a home) for the child.

 

[BL]

http://www.empirestatecoalition.org/emanc.html

As Snow stated , A Modification of child support ( requesting termination ) would have to be filed with the Court that Ordered it .

Try to bring as much proof as you have that the child is living independently , and/or hope the mother tells the truth .

You need to give the court proof in black and white .

Subpoenas for records may be required .