Missoula, MT asked in Family Law and Child Custody for New York

Q: Can you get your case set up to pay your 19 year old directly for support?

My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have purchased two plane tickets in the past year that he hasn’t gotten on. Is there any way to get this support dropped or set up to where HE would be the beneficiary of the support instead of the Mother who is not using it to support him? Does anybody have a recommended attorney for Saratoga County, NY?

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be declared emancipated.

1 user found this answer helpful

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: First check with the bar association in Saratoga County for attorneys. In regard to the support, you have a good case for having support terminated. Your child is over the age of 18 and not going to school. That is the basis for cutting off support. It would then be up to the mother and the child to show that he is working full time and not making enough money to support himself to continue the support. The fact that your child is not living at home all of the time is also a fact to be taken into consideration.

1 user found this answer helpful

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