Emancipation and Modification of Support Order in New York

My question involves child support in the State of: New York

In the divorce agreement it clearly states that for a child to be emancipated one of the following must happen
- reaches the age of 21 while not attending full time school
- reaches the age of 22 while attending school.
- no longer in school and working full time
- no longer living with custodial parent (Not including summer camp, school and or vacations)

Now, the question. The my oldest daughter was kicked out / moved out of her mothers home over a year ago and moved in with her girlfriend in another state. On top of that my daughters mother also dropped her health insurance. In December the mother applied for a cost of living increase which was based on 4 children. She only supports 3. Our oldest daughter is now working full time and supporting herself. My new wife carries my daughters health insurance now and my ex-wife refuses to give our daughter any portion of the money she receives for my daughter.

How do I go about terminating my oldest daughters child support. I tried to work it out and gave my ex-wife every chance to send the money to our daughter but she refused and said she (my ex-wife) deserves the money. I even tried to go through child support and legally send my oldest daughters portion of support directly to her; I was informed by the clerks office I needed a notarized letter from my daughter stating she had moved out and was living on her own. Well, her mother bullied her and scared her in to not sending the letter.

My only course of action is to terminate / modification of the child support. I'm just not sure how to go about this.

start here:



https://www.childsupport.ny.gov/dcse...l#modification

then here:



http://www.courts.state.ny.us/forms/...dsupport.shtml



and if I knew what specific courthouse this involved, I would follow that with a picture of that courthouse and say:

then here

Quote:

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Quoting lilredbroomstick

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My question involves child support in the State of: New York

In the divorce agreement it clearly states that for a child to be emancipated one of the following must happen
- reaches the age of 21 while not attending full time school
- reaches the age of 22 while attending school.
- no longer in school and working full time
- no longer living with custodial parent (Not including summer camp, school and or vacations)

Now, the question. The my oldest daughter was kicked out / moved out of her mothers home over a year ago and moved in with her girlfriend in another state. On top of that my daughters mother also dropped her health insurance. In December the mother applied for a cost of living increase which was based on 4 children. She only supports 3. Our oldest daughter is now working full time and supporting herself. My new wife carries my daughters health insurance now and my ex-wife refuses to give our daughter any portion of the money she receives for my daughter.

How do I go about terminating my oldest daughters child support. I tried to work it out and gave my ex-wife every chance to send the money to our daughter but she refused and said she (my ex-wife) deserves the money. I even tried to go through child support and legally send my oldest daughters portion of support directly to her; I was informed by the clerks office I needed a notarized letter from my daughter stating she had moved out and was living on her own. Well, her mother bullied her and scared her in to not sending the letter.

My only course of action is to terminate / modification of the child support. I'm just not sure how to go about this.

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Jk gave you good info...but I am going to give you some cautionary info...

The way that child support works, is that its not an even amount per child for multiple children. In addition, when one child ages out child support is then recalculated for the remaining children. Depending on how long its been since your last child support review, and the level of your income since then, its possible for you to end up paying MORE support for three children, than you did for four.

These numbers are for example only....but I ran them on an NY child support calculator with no add ons or variations at all...so they won't come close to any numbers you might have, even if I am close to your income numbers...they are just an example of what I am talking about.

70k gross income annual with 4 children = 19530 annually.
80k gross income annual with 3 children = 20880 annually.

Therefore, if you were somebody with a calculation like that you would actually be better off NOT filing to emancipate your older child. You would be better off leaving well enough alone. So, make sure that you research that for you before you start something that might end up being MORE expensive for you.