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    skygait1's Avatar
    skygait1 Posts: 2, Reputation: 1
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    #1

    Sep 7, 2016, 04:08 PM
    New York state child support after age 18
    My daughter is 20 years old. She became pregnant and went on public assistance . Social services sued me for child support. I was not properly served. They left the summons at my last known address, not in my hands. I don`t have custody of my daughter my mother does. A judgement was filed against ne for $74 a week. She was enrolled in school but not at this moment. She`s about to have a baby,it`s as if I`m paying for her pregnancy. I`m already paying for her orthodontic work. $5000 . How can I fight this ? The judgement says I have 35 days to vacate this order.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Sep 7, 2016, 05:49 PM
    NYS law provides for child support until age 21. Leaving a summons at your last known address is not necessarily improper service. Not having custody does not relieve you from support responsibility. You can try to get the judgement vacated on grounds of improper service but that's just a delaying tactic. You will be served before you leave the courthouse,
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7691
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    #3

    Sep 7, 2016, 07:07 PM
    Also, in many places, leaving it on the door of your last known address, is proper service. Very few papers have to be placed in your hand. Although I do not know your states exact rule. I served 1000's of papers in the past, and almost never did I actually hand them to a person.

    With that said, sounds like time for an attorney
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #4

    Sep 8, 2016, 03:42 PM
    Was there ever an original child support order? Also you may want to take it to court because once your child becomes a parent then emancipation should be automatic. That should end the child support obligation at that point. It may be cheaper just to pay it until the birth of your grandchild then run it through lawyers. Have you contacted Social Services to see what they are talking about?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Sep 9, 2016, 06:30 AM
    Quote Originally Posted by cdad View Post
    ... Also you may want to take it to court because once your child becomes a parent then emancipation should be automatic. ...
    I don't know of any state in which "automatic" emancipation happens when the minor child becomes a parent.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #6

    Sep 9, 2016, 01:01 PM
    Quote Originally Posted by AK lawyer View Post
    I don't know of any state in which "automatic" emancipation happens when the minor child becomes a parent.
    Most States have laws that provide for a child to go from being a minor to an adult for consideration under the law. In this case we are talking about a child that is already past that age of majority. (18)

    The child in question is a 20 year old child. Though it is not automatic that the child will be emancipated it can be asked of the courts in regards to child support. New York is one of the places that has flip flopped for years between the ages of 18 and 21 or longer. That is why it is important that we consider if this is an initial filing for child support or enforcement of an existing order.

    Either way I don't see a judge not granting relief from child support without there being other circumstances that we aren't aware of already.

    http://statelaws.findlaw.com/new-yor...ages-laws.html

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