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

Q: I have a court appearance, as a petitioner, to terminate child support. As per divorce agreement child support shall

end when my son turns 22 yrs old. Can my ex wife bring up any issues she might have, other than child support, during this appearance? And if she does, am I obligated to or will the judge force me to address the issue without counsel?

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Answered

A: If the matter is before a support magistrate then only support issues can be addressed. the Magistrate has no jurisdiction to handle anything else.

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Stephen Bilkis
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Answered

A: I'm sorry to hear about the uncertainty surrounding your upcoming court appearance. It’s important to understand the scope of the proceedings and your obligations during the hearing to ensure you are prepared.

In New York, when a petitioner files a motion to terminate child support, the court typically focuses on the specific issue raised in the petition—in this case, whether child support should end based on the terms of your divorce agreement. As stated in your agreement, child support is set to end when your son turns 22 years old. If this term is clearly stated in the agreement, and your son has reached that age, the court will likely evaluate the matter based on those terms.

Family court proceedings generally address the issues specifically raised in the petition or motion before the court. Since this is a hearing on child support termination, the judge is unlikely to entertain unrelated matters unless they are legally relevant to the termination request. However, it is possible that your ex-wife might attempt to raise other issues, such as unresolved matters from the divorce agreement or related financial concerns.

If your ex-wife brings up unrelated matters, the court has discretion to decide whether to address those issues. Typically, the judge would not require you to respond to unrelated claims during a hearing focused on child support unless those claims are deemed directly relevant.

You are not legally obligated to respond to issues beyond the scope of the petition unless the court specifically requests your input. If your ex-wife raises a matter that you believe is outside the scope of the hearing, you or your attorney can object and ask the court to focus on the petition at hand.

If the court does entertain additional issues and you feel unprepared to address them without legal counsel, you have the right to request an adjournment to allow you to obtain legal representation. Judges typically recognize the importance of fairness and may grant such requests if new or unexpected issues are introduced.

To ensure the best outcome, consider consulting a family law attorney before the hearing to discuss your rights and obligations.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

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