QUESTION

My 17yr old son is coming to live full time with me. How do I go about stopping child support payments

Asked on Mar 20th, 2015 on Child Support - New York
More details to this question:
I have 2 children. A 21 yr old daughter currently a senior in college and a 17yr old son currently living with his mother. I pay child support for my two kids. My son will be coming to live with me full time now and I want to know how I go about getting my child support payments stopped or lowered since he'll be living with me full time.
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1 ANSWER

Divorce Attorney serving Garden City, NY
1 Award
Hi I'm assuming that you're paying support under a divorce agreement and/or judgment of divorce.   I'm also assuming that, if you had an agreement, one of the emancipation provisions is that a child changes residence.  However, most of the time, the emancipation provisions are not self-executing, ie., you can't just stop paying. I would suggest you go into Family Court in your county and file a petition for modification of your support obligations based on the fact that your son is coming to live with you.  Bring back up -- your agreement, divorce judgment, support orders, etc.  Your son certainly is old enough to know where he wants to live.   When your daughter graduates from college, you will also be entitled to terminate her support and that is self-executing, i.e., when she graduates, support is usually over under an agreement.  After that, your former wife won't be receiving any support from you.  Good luck! Ilysa
Answered on Mar 23rd, 2015 at 12:16 PM

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