Smithtown, NY asked in Child Support for New York

Q: does child support stop if my daughter moves out even though in 10 years of shared custody he never took her? she is 19

She is only with him for a week he wants to stop paying me but for 10 years i had 4 kids with me with no break and now one week i feel this should still be paid until she is 21 she still comes to eat and do things at my house

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1 Lawyer Answer
Nina Mironenko
Nina Mironenko
  • Huntington, NY
  • Licensed in New York

A: No, a week at her dad's does NOT mean that he is the residential custodian. If she is still eating at your house and has her things at your house, then you have a very good argument that she is merely visiting with her father. The courts will normally consider a change of residential custody after several months along with other evidence that she is actually residing with him.

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