Paying Child support till 21?

[uquillas06]

What is the name of your state? What is the name of your state? New York,

I tried searching through the old post so I wouldn't have to ask my question but I couldn't find anything to specifically help me. First off I'm not sure what my original order for paying child support was, my ex wife simply filed and I was told to pay a certain amount every week since we split. (over 10 yrs now) I think it was done by default, anyways everything has been ok, we've had our differences mainly because I don't get to see him as often as I would like since he lives in PR and I never got a court order for visitation so when her and I argue I end up not being able to see my son but I haven't pursue official visitation mostly in part because for some years she has let him come see me for more then the courts would have granted me and also I do have unlimited access to him through the internet and phone and we have a great relationship.

It was my impression that I would have to pay child support till he was 21 as is NY law but I always thought that my son would go to college and more then likely come live in NYC when he did but I just found out that my Ex Wife has had him apply to HS in Florida so that he can start this coming year and move in with his uncle in FL come September. He told me his uncle is going to get him a job at his mechanic once he turns 16 and that his mother has told him that hes going to go to college when she can afford it, but we can easily send him to cuny here or get financial aide! I don't understand when hes with me he gets really excited about going to college and now it's like who cares I'm getting a job. I know that ultimately he's going to do whatever he wants but should I have to pay CS to his mother till he's 21 when he's not going to be living there or even has plans of going to college?
What can I do? I don't want my son going to FL to end up becoming a mechanic1 I know that if I can make is so that she can only receive CS if he stays in PR she will not send him anywhere, can I do this?

 

[proud_parent]

First, if you cannot locate your copy of the order, contact the Clerk of Court in the county where the order was filed and request another. It's impossible for anyone to give accurate legal advice without knowing just what your orders state.

Second, if your order is from New York and does not deviate from NY Family Court Act Section 413, then your impression is likely correct -- you normally would be required to continue child support until your son is 21. However, you CAN petition to terminate support before age 21 if the child becomes emancipated. Whether a child is emancipated is a question for the court to decide; however, the child obtaining full-time employment and/or residing away from the custodial parent are both factors that the court would consider.

As your goal is to encourage your son to complete high school and continue on to college (not to blackmail your ex into keeping him in PR, right?), make your wishes regarding his education known to your ex. Inform her what you are willing to do to assist your son in securing financial aide. If she's adamantly opposed, then urge her to acquaint herself with New York law; i.e., child support will end if your son is adjudicated an emancipated minor. Finally, if your child DOES become independent before age 21 through employment, entry into the military, marriage, etc., you may petition the court at that time to terminate your support obligation.

 

[BL]

If she sends him to Fl. to the uncles , you can petition the court for modification of the child support order .

The mother should not receive it , if the child does not reside with her .

You could also petition for primary custody once the child's residence is in Fl.

You have rights over the uncle .

If you can not afford an attorney , one can be appointed if you are qualified under poor person status .

The courts in NY and PR will then have to communicate on which state has jurisdiction .

Under that indigent status , your testimony can be heard in NY , the mother's possibly in PR , then the State that has jurisdiction decides the matter(s) .

If you don't qualify as a poor person , you could try and hire a lawyer on an income sliding scale basis if you qualify , or you'll have to pay for an attorney .