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Custody, Emancipation and Termination of Child Support in New York

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  • 08-23-2007, 02:32 PM
    Almost_There
    Custody, Emancipation and Termination of Child Support in New York
    My X & 20 year old daughter are moving from NY to SC and leaving our 2 x 19 year old boys behind (which I call abandonment). My door is open to the boys, but they want to try to make it on their own and not move in with me for the time being. All three were attending college, but have decided to take a break - actually the boys flunked out due to excess screwing around.

    I have custody of one of the boys (it was either live with dad or go to reform school), but my ex has custody of the other boy and my daughter. My daughter has a full time job lined up in SC and will have no living expenses except for auto insurance, gas and food (she will be living rent free with her uncle in SC).

    Here's my question: How would I go about getting my daughter emancipated if she's in SC? I'm sure she'd be cooperative. How should I go about terminating child support being paid to my X? Should I attempt to get custody of the other boy transferred to me even though he’s not living with me at the moment? Or should I attempt to get the boys emancipated too??

    Any guidance would be greatly appreciated.

    Thank you for your time.
  • 08-23-2007, 07:07 PM
    aaron
    Re: Custody, Emancipation and Termination of Child Support in New York
    The age of majority in New York is 18.

    If your children are no longer being supported by their mother, you would make a motion in the court with jurisdiction over the child support order to terminate support.
  • 08-24-2007, 07:55 AM
    Almost_There
    Re: Custody, Emancipation and Termination of Child Support in New York
    Thanks for the response Arron.

    I was under the impression that the age of majority in NY is 21??
  • 08-24-2007, 08:40 AM
    jojo4
    Re: Custody, Emancipation and Termination of Child Support in New York
    Quote:

    Quoting Almost_There
    View Post
    Thanks for the response Arron.

    I was under the impression that the age of majority in NY is 21??

    For child support orders, yes.

    To end child support on the grounds of emancipation, you will need to file a motion to terminate support (as Aaron told you.)
  • 08-24-2007, 09:03 AM
    Buttons
    Re: Custody, Emancipation and Termination of Child Support in New York
    Almost there, you are in the same boat I am (kinda...see the new thread I posted) however my son lives in Florida (actually he is in prison) but the child support order is out of NY. I did petition the NY court and I was told that since my son lives in Florida I can file a petition through the state of Florida. I does not make sence to me but that is what they said

    My problem has been Florida is ignoring me...NY was quite prompt in getting back to me.

    Hope this helps!
  • 08-24-2007, 09:17 AM
    Almost_There
    Re: Custody, Emancipation and Termination of Child Support in New York
    Thanks for all the responses and they were all very useful. Looks like I need to find a good lawyer....:wallbang:

    Good luck Buttons.
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