New York State law

[NCPhelp]

What is the name of your state? New York

Does anyone here know New York State law? My husband was just summoned to appear in Family Court for child support increase. I think the mother just filed the papers with the court, they came directly from the court, not from a lawyer.

His son will be 21 in 10 months from now. Someone here said in their state you cannot go for a modification if the child is less than 1 year from being emancipated. Does anyone know if this applies in New York.

We are going to hire a lawyer and fight this. He only has 10 months to pay his support and then it is going to be terminated. I am sure this is the mothers last ditch effort to milk him for more money.

We have not heard from her in a year. Nothing, no bills, etc. He graduated from high school last June (2005) he is not going on in school. He is working full time, however, he is living at home with her for the time being, but prior to 3 months ago, he was on his own. He earns $340 per week salary, and she is now asking for the full 17% for support and also for health insurance for he has none now. We cannot carry him either for he is not in school anymore. In the support order it indicated she is to cover health insurance on him, and she is not, does this mean she is in contempt?

If anyone can help, we would appreciate it.

Thanks, you all are wonderful.

 

[LdiJ]

In NY a child is not a legal adult until age 21. Therefore why can't your husband continue to provide his health insurance? That doesn't seem logical to me for NY.

I suspect that the health insurance is the main issue. You do realize that it may cost you more for the attorney than what mom wants?

I would really recommend that your husband have a sit down conference with mom to attempt to find out what the real issue is. He may find that it would cost him less to help out with whatever mom is concerned about, than to pay an attorney to fight her.

 

[Rushia]

In NY a child is not a legal adult until age 21. Therefore why can't your husband continue to provide his health insurance? That doesn't seem logical to me for NY.

I suspect that the health insurance is the main issue. You do realize that it may cost you more for the attorney than what mom wants?

I would really recommend that your husband have a sit down conference with mom to attempt to find out what the real issue is. He may find that it would cost him less to help out with whatever mom is concerned about, than to pay an attorney to fight her.

Most insurances won't cover the child past 19 in good ole NY unless the child is a full time student. However, OP already got her answers, this is a duplicate thread. Hang on, I'll go get it.

Here you go: https://forum.freeadvice.com/showthread.php?t=336306

 

[LdiJ]

Well heck, then provide the kid a private policy, it would probably be cheaper than hiring an attorney. Medical insurance for young adult males is probably the cheapest medical insurance out there.

 

[Rushia]

Well heck, then provide the kid a private policy, it would probably be cheaper than hiring an attorney. Medical insurance for young adult males is probably the cheapest medical insurance out there.

Personally I agree with you. I can't understand why the mom in this case would ask for an increase on the standard with less than 10 months to go. OP should advise hubby to suck up the medical and fight the increase.

 

[NCPhelp]

respnose to everyone

We cannot work something out with the mom, she never contacted us for over a year, we did not know he did not have insurance, court order reads that Mom is to cover kid for insurance and Dad is to % of uninsured medical, etc.

If there was problems with his insurance she never let us know. We surely could have worked something out given the chance. She is a greedy woman. The recently went for a COLA and his payment was increased $7.00 for the COLA, so she was informed what he makes and wants more money.

No insurance company will cover a child that is no longer enrolled in school, they consider a full time student 12 credit hours or more. He graduated last June of 05 and by my guess has not had insurance in a year. That is not our problem, especially since we did not even know.

I understand we are responsible until he is 21, but this is ridiculous, he earns enough money to support himself. He acually is supporting himself, paying all his own bills, rent to his mother. For 2 years he lived on his own, and only when him and his girlfriend broke up a few months ago, did he move back with his mom. He has lived away from her since his Junior year in high school.

This just does not seem fair.

The mom initiated the court proceedings, so I will NOT have my husband go into court without a lawyer, did that before and he got screwed.

Thanks anyways.