Child Support in New York - Child Moves to Florida
My question involves child support in the State of: New York
I have a friend and she is the non custodial parent. She pays support for her 20 year old daughter which comes directly out of her paycheck. Her daughter has now moved to Florida and is supporting herself. Her daughter works two jobs in Florida, so she has her own income. My friend filed a petition with Family Court to terminate the child support order. When her ex husband found out he got extremely angry. She has been living in Florida for approximately a month now. She hasn't changed her mailing address and does live with her brother who lives in Flordia. My friend does have information such as her daughters facebook posts and profile information that states she now lives in Florida. Her ex husband already told her that he was going to tell the judge she is only visiting and plans to come back in a month which isn't true. There is the possibilty that she might return to the custodial parent in the future, but as of now she is planning to stay in Florida. Her daughter isn't willing to get a notarized letter or write an affidavit that she is living in Florida (her fathers influence). So what can she get to show that she is actually living in Florida to vacate the child support agreement? How can she meet the burden of proof to show she is supporting herself and living in Florida. My friend is extremely worried about the upcoming court date. Any advice you could give me would be greatly appreciated. Thanks.
Re: Child Support in New York - Child Moves to Florida
How long has she been in Florida?
Re: Child Support in New York - Child Moves to Florida
She has been in Florida approximately a month now.
Re: Child Support in New York - Child Moves to Florida
That's short enough - specially if the daughter won't back up Mom's claim - to be perceived as "vacation" rather than moving. If it comes down to her word against Dad's, the order likely won't be stopped just yet.
She'd have to try again in a few months.
Re: Child Support in New York - Child Moves to Florida
What if she could prove that she is working down there. She does have two jobs. Would her having employment prove her intent to stay?
Re: Child Support in New York - Child Moves to Florida
Not necessarily, no.
An older child working while they're visiting the other parent isn't unusual. In fact, it's quite common.