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    iguanalei's Avatar
    iguanalei Posts: 3, Reputation: 1
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    #1

    Oct 2, 2013, 04:47 AM
    Original decree was that child support ends at 18. Do I still have to pay until 21?
    Our original divorce decree was that child support ended when our two girls turned 18. The support unit in NY State just stated that I was done paying according to the original decree, but the girls are in college and the mother insists that I still owe support until 21.

    I know NY law was changed I believe in 2010 but my judgement was way before then. Am I caught up in a retroactive time tunnel?

    NOT FAIR
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Oct 2, 2013, 04:54 AM
    I believe the change referred to future awards. If the decree does not extend support while they are in college, and the NYS unit says you are done, then you are done. If the ex thinks you aren't, let her take you back to court. If she does, find the text of the law and the text of your decree and present it to the court.
    iguanalei's Avatar
    iguanalei Posts: 3, Reputation: 1
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    #3

    Oct 9, 2013, 12:27 PM
    Quote Originally Posted by ScottGem View Post
    I believe the change referred to future awards. If the decree does not extend support while they are in college, and the NYS unit says you are done, then you are done. if the ex thinks you aren't, let her take you back to court. If she does, find the text of the law and the text of your decree and present it to the court.
    Thank you for the response, Seems logical but I cannot find anything pertaining to the Law which states weather it is in fact referring to Future awards, Waiting for Ex , to take us back to court and will confer with my Attorney for clarification, Thank"s again, Being free would be a Godsend.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #4

    Oct 9, 2013, 04:35 PM
    New changes do not effect prior court orders, it in basis is a matter of case law and I doubt you will find the exact wording in the statues.

    But she can of course always go back to court and request modification under the new laws but you should just wait and see if she files anything
    iguanalei's Avatar
    iguanalei Posts: 3, Reputation: 1
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    #5

    Oct 10, 2013, 05:23 AM
    Ah, Thank you Fr Chuck, The modification clause was what I was afraid of, so it may be up to the Judge to decide how it will ultimately go down. I can only hope, Responses were so much appreciated,

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