Riverhead, NY asked in Child Custody for New York

Q: my Ex and and I have joint custody of our (2) kids but they both live with me. My 16 is living with his father.

My other child lives with me. My ex wants to stop child support so that neither of us have to pay each other since we have have one child each. I don’t agree as I have the youngest who is 14 and he has the oldest who will be 17 in February. The child support for the oldest emancipated on his 18th birthday according to our divorce papers. Mind you my son is not legally living in the same school district either. My question is, can the ex dissolve the child support and can my son legally live with him while out of his school district??

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1 Lawyer Answer

A: Please clarify: are there 3 children? You say "they both live with me. My 16 is living with his father".

Also, child support in NYS is payable until age 21, unless the child is self-supporting or in the military.

If you each have residential custody of one child, not paying child support to each other only makes sense if your incomes are almost equal. If one of you has a higher income than the other, then that parent would pay more to the other for child support.

Your question re the school district: Your child's legal residence determines which school district your child attends.

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