QUESTION
Do I need to obtain Legal Custody to request Child Support?
Asked on Feb 11th, 2013 on Child Support - New York
More details to this question:
Child over 18.Ex-wife legal custody since 2000.Child iiving with me since 2011. Currently at College overseas.
2 ANSWERS
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Richard F. Sweeney, Attorney at Law
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Yes. The Court will not grant child support unless you have legal and physical custody. Even though the "child" is overseas, you can still have physical custody if the child's legal address is the same as yours and the child is not emancipated. Emancipated means financially emancipated such as has full time job, pays own car and medical insurance and lives on their own.
Answered on Feb 11th, 2013 at 6:49 PM
No, child support is dependent on which parent the child is physically residing with, and who is actually paying for the living expenses of raising the child. So you could file for child support of your child, but since your child is in college, you will also have to demonstrate that you are currently paying for the expenses of the child while away at school. You should also remember that most child support orders are only until 21, although the court has extended it until 22 if the child is in college.
Answered on Feb 11th, 2013 at 3:14 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com