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??

Related Topics:
1 Lawyer Answer
Nina Mironenko
Nina Mironenko
Answered
  • Divorce Lawyer
  • Huntington, NY
  • Licensed in New York

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.