Custodial Parent Moving Out of State Without Our Chiild

[ny_dad]

My question involves child support in the State of: NY

Exwife has custody of our daughter, soon to be 18. Child support is payable in NY through age 21 unless an emancipation event occurs.

Exwife has announced her intentions to move from NY to North Carolina within the next year, our daughter will be over 18 by then. It's my understanding that there is no 'custody' persay once a child reaches 18, that it's only a matter of appearing before the support magistrate and confirming that the child no longer lives with the custodial parent.

There are a few possible scenarios but the most likely is that my exwife will set up our daughter in an apartment in upstate NY before she moves away, because she wants to attend college near her sister who lives there. However, my daughter has dropped out of High School and although she says she will take the GED next year, nothing is certain.

While I do intend to consult with an attorney when and if my exwife's out of state move occurs, I'd like to know how this process works. Assuming my daughter is living in an apartment in upstate NY, and is not enrolled in college, how do I go about making a case for vacating the child support order. In other words, how do I prove my exwife lives out of state and my daughter no longer resides with her? Is this situation sufficient grounds to vacate a child support order? Does there have to be a full fledged hearing or is it just a matter of me appearing before the magistrate and explaining the situation? I assume some sort of proof of the change in both of their residences would be necessary?

What if my daughter does enroll in college subsequently, how does this factor into the equation? For what it's worth I do intend to assist my daughter with living expenses, and college related expenses "if" she gets her GED and attends college, otherwise she's welcome to live with me if she chooses, but I will not pay for her to live in an apartment somewhere without any plans to go back to school or obtain employment (its rather difficult to get a job without having at least a HS diploma). She and I have had an on again/off again relationship and she had lived with me for about a year but ultimately moved back with her mom. She does not plan to move with her mother to North Carolina, and as I said she has the option to live with me but if it was up to her she'd rather live in her own apartment, it's her belief that I will still be responsible for child support that her mom "says" she will continue to collect from me and then send to her. The amount is over $3000 per month, which is far more than what her living expenses would be in that part of the state.

[llworking]

My question involves child support in the State of: NY

Exwife has custody of our daughter, soon to be 18. Child support is payable in NY through age 21 unless an emancipation event occurs.

Exwife has announced her intentions to move from NY to North Carolina within the next year, our daughter will be over 18 by then. It's my understanding that there is no 'custody' persay once a child reaches 18, that it's only a matter of appearing before the support magistrate and confirming that the child no longer lives with the custodial parent.

There are a few possible scenarios but the most likely is that my exwife will set up our daughter in an apartment in upstate NY before she moves away, because she wants to attend college near her sister who lives there. However, my daughter has dropped out of High School and although she says she will take the GED next year, nothing is certain.

While I do intend to consult with an attorney when and if my exwife's out of state move occurs, I'd like to know how this process works. Assuming my daughter is living in an apartment in upstate NY, and is not enrolled in college, how do I go about making a case for vacating the child support order. In other words, how do I prove my exwife lives out of state and my daughter no longer resides with her? Is this situation sufficient grounds to vacate a child support order? Does there have to be a full fledged hearing or is it just a matter of me appearing before the magistrate and explaining the situation? I assume some sort of proof of the change in both of their residences would be necessary?

What if my daughter does enroll in college subsequently, how does this factor into the equation? For what it's worth I do intend to assist my daughter with living expenses, and college related expenses "if" she gets her GED and attends college, otherwise she's welcome to live with me if she chooses, but I will not pay for her to live in an apartment somewhere without any plans to go back to school or obtain employment (its rather difficult to get a job without having at least a HS diploma). She and I have had an on again/off again relationship and she had lived with me for about a year but ultimately moved back with her mom. She does not plan to move with her mother to North Carolina, and as I said she has the option to live with me but if it was up to her she'd rather live in her own apartment, it's her belief that I will still be responsible for child support that her mom "says" she will continue to collect from me and then send to her. The amount is over $3000 per month, which is far more than what her living expenses would be in that part of the state.

I think that you should consult a local attorney. As mom intends to continue to use your child support to actually support the child, even though the child wouldn't be living with her, I think that only a local attorney, familiar with the NY courts and child support, would be able to give you a valid answer.