Fairport, NY asked in Family Law and Child Support for New York

Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him that she will purchase him a car with the child support money that she would receive if he came back to live with her, it would be about 300.00 per week. We would lose our home if this happens. We live in NYS, he has graduated and is working full time. Is there any chance we could avoid having to pay support?

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

A: If he is working full time and is self supporting or capable of self support, then it is possible that you won't have to pay child support at all. You should have a consultation with a local attorney and go over all of the facts.

Marco Caviglia
Marco Caviglia
Answered
  • Lagrangeville, NY
  • Licensed in New York

A: An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate her obligation to pay the $129, it would avoid your husband's paying $300. The ex right now can petition for reduction or elimination of the $129 support based upon the amount the son earns though living a home, though she may not realize it. I think you are concerned about the cumulative effect of loss of $129 and possible obligation to pay $300. The problem is easily avoided if your son decides that he has no desire to move in with his mother. I am very surprised that this is a concern if he was abused by her in his early youth, dad took him in, and still supports him though he has a degree and works and presumably is happy. Is the boy so shallow that you are concerned he will hurt dad by getting a car? Anyway, if he does move in with her, then a reverse argument may be made that he is an adult earning money at his job, and that some or all of that should be used to offset the $300 support the mother will seek.

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