Can a Child Support Modification Be Challenged

My question involves child support in the State of: NY

My husbands daughter is turning 18 in April and will be going to college in CO in August. Right now the mother is the custodial parent and lives 10 minutes from us. We get the daughter often. Almost every weekend and her Dad sees her during the week. Her mom is moving to FL in June to be with her boyfriend (they already have a house down there together). Her mom makes just as much as her Dad. His daughter does not want to move to FL for the summer once she graduates high school. She wants to live with us till she goes to college. In fact she really wants to live with us now but doesn't want to upset her mom. She gets along a lot better with her Dad. So we were told by a lawyer to file a petition for modification for child support in May. We are going to stop child support to the mother once she moves to FL and the daughter moves in with us. Granted that might go back to paying her child support if the daughter doesn't choose our address as her primary address once she goes to college. Knowing the daughter she wont want to upset her mom so will choose her moms new place in FL and we will have to continue to pay her mom support till she turns 21. Sucks because you cant send the money directly to the child. I feel bad for these fathers. He cant claim her on his taxes or deduct the support he pays and she doesn't have to claim the support and she gets to claim her every year. Has anyone had a similar situation where they stopped support for a bit then started it up again? And if so how bad was the custodial parent to deal with on it?

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Quoting Rbratt

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My question involves child support in the State of: NY

My husbands daughter is turning 18 in April and will be going to college in CO in August. Right now the mother is the custodial parent and lives 10 minutes from us. We get the daughter often. Almost every weekend and her Dad sees her during the week. Her mom is moving to FL in June to be with her boyfriend (they already have a house down there together). Her mom makes just as much as her Dad. His daughter does not want to move to FL for the summer once she graduates high school. She wants to live with us till she goes to college. In fact she really wants to live with us now but doesn't want to upset her mom. She gets along a lot better with her Dad. So we were told by a lawyer to file a petition for modification for child support in May. We are going to stop child support to the mother once she moves to FL and the daughter moves in with us. Granted that might go back to paying her child support if the daughter doesn't choose our address as her primary address once she goes to college. Knowing the daughter she wont want to upset her mom so will choose her moms new place in FL and we will have to continue to pay her mom support till she turns 21. Sucks because you cant send the money directly to the child. I feel bad for these fathers. He cant claim her on his taxes or deduct the support he pays and she doesn't have to claim the support and she gets to claim her every year. Has anyone had a similar situation where they stopped support for a bit then started it up again? And if so how bad was the custodial parent to deal with on it?

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The bigger problem that your husband is going to have is that once his daughter turns 18 it will not be possible to modify custody as she will be a legal adult...at that point its generally presumed that the original custodial parent would still receive support for the child if post secondary support is part of the court orders. Child support may still be able to be stopped, but its a bit more complicated.

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Quoting llworking

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The bigger problem that your husband is going to have is that once his daughter turns 18 it will not be possible to modify custody as she will be a legal adult...

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The age of majority in NY is 21

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Quoting CourtClerk

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The age of majority in NY is 21

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I don't know why I read it initially as WY. I think I need new bifocals...sigh.

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Quoting Rbratt

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My question involves child support in the State of: NY

My husbands daughter is turning 18 in April and will be going to college in CO in August. Right now the mother is the custodial parent and lives 10 minutes from us. We get the daughter often. Almost every weekend and her Dad sees her during the week. Her mom is moving to FL in June to be with her boyfriend (they already have a house down there together). Her mom makes just as much as her Dad. His daughter does not want to move to FL for the summer once she graduates high school. She wants to live with us till she goes to college. In fact she really wants to live with us now but doesn't want to upset her mom. She gets along a lot better with her Dad. So we were told by a lawyer to file a petition for modification for child support in May. We are going to stop child support to the mother once she moves to FL and the daughter moves in with us. Granted that might go back to paying her child support if the daughter doesn't choose our address as her primary address once she goes to college. Knowing the daughter she wont want to upset her mom so will choose her moms new place in FL and we will have to continue to pay her mom support till she turns 21. Sucks because you cant send the money directly to the child. I feel bad for these fathers. He cant claim her on his taxes or deduct the support he pays and she doesn't have to claim the support and she gets to claim her every year. Has anyone had a similar situation where they stopped support for a bit then started it up again? And if so how bad was the custodial parent to deal with on it?

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I would suggest that your husband not try and summarily stop support without an order allowing him to do so. You already have a problem with him paying support, I wonder what your reaction will be when he has to pay it with interest and possibly find himself on the ass end of a contempt citation....

Huh? I don't have a problem with him paying support. I never said he was going to stop without going to court first. I have an issue with women who use that money for themselves. This money is for the child NOT helping the mother pay for her OWN bills that have nothing to do with the child. My husband pays his share of support PLUS more. I was just asking if anyone has been in the position we will be where the custodial parent moves to another state the same time the child (not a child anymore) is going off to college and not living with either parent. The lawyer told us since she will be 18 she can choose to where her primary address will be when she comes home on breaks. If she chooses the mothers new address in FL then child support continues till she is 21. If she chooses her Dads address in NY then child support stops. Again have no issue with him paying the support but with his ex she will most likely will not be giving that money to her child when shes in college. That's the issue I have.

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Quoting CourtClerk

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The age of majority in NY is 21

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That's based on Sec. 413(1)(a) of the Family Court Act,

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Quoting New York Family Court Act, Sec. 413. Parents' duty to support child.

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1. (a) Except as provided in subdivision two of this section, the parents of a child under the age of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine. The court shall make its award for child support pursuant to the provisions of this subdivision. The court may vary from the amount of the basic child support obligation determined pursuant to paragraph (c) of this subdivision only in accordance with paragraph (f) of this subdivision.

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That provision does not impair the ability of an 18-year-old to otherwise function as an adult. See General Obligations Law, Sec. 1-202:

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Quoting New York GOB, Sec. 1-202. Definition.

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As used in this chapter, the term "infant" or "minor" means a person who has not attained the age of eighteen years.

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Quoting CourtClerk

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I would suggest that your husband not try and summarily stop support without an order allowing him to do so.

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I agree completely.

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Quoting Rbratt

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Huh? I don't have a problem with him paying support. I never said he was going to stop without going to court first. I have an issue with women who use that money for themselves.

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That's the sort of fantastic notion that presupposes that child care is free, such that the roof over the child's head, the car in which the child is transported, the utility services that allow the child to have heat, running water, Internet in her home, and the like, are manna from heaven.

Ok seriously? You guys are reading into things that were not said. I know child support goes to support the child as in housing, car, blah, blah. I am saying WHEN the child MOVES out of state and living at college and coming home only a couple of times a year. She is NOT living with her mom nor her Dad so the expenses for child care go down significantly. Im talking about the mother moving her primary address to FL to live. The daughter does not want to move to FL for the two months before college starts so she is going to live with us so YES we are going to file a petition to stop child support for THOSE two months.............why would we pay child support to the mother when the daughter isn't even living there so she isn't supporting her....we WILL be supporting.......providing a roof over her head, car for transportation, utilities, food, etc..... Then when college starts the daughter has to choose which address she wants to put down as her primary when she comes home on breaks. I was just asking if anyone else had any experience with this. Didn't come here to get bashed for things I didn't even say. Never said child care is free. My husband pays his share and a lot extra. His daughter lives with us half the month each month so don't presume who know our situation. My husband isn't a dead beat dad looking to get out of supporting his child. He supports her more than her mother does.....yes there are women out there who will bleed the fathers for their own personal gain.......we all know that.

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Quoting Rbratt

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I have an issue with women who use that money for themselves. This money is for the child NOT helping the mother pay for her OWN bills that have nothing to do with the child.

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If you meant something other than what you said, that's great, but people are going to respond to what you actually say.

O I meant that sentence. I have an issue with women/men who use the child support on themselves and not for their child. It happens A LOT. I know people who have done it. I know people who have gone out and bought a new Ipad, clothes for themselves, vacations for themselves without the child going. Sorry I didn't specify that in my case I was referring to when the daughter goes to college and the mother not helping her with the child support money we send the mother for her. If the daughter needs money for anything while in college we feel the mother should be sending her the money she gets for child support since she isn't living with her anymore.