How can I stop child support for a child that is 19 yrs old and has not lived in here mother house hold over the last five yrs and did not tell me,I filed a motion to stop it the judge did not even listen to me, no that she has enrolled in some college classes not full time and has her own apartment with her boyfriend they told the judge she is away at school in order to keep me paying, and they spilt my support payments is there any thing I can do

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Originally Posted by ascamoore

how can i stop child support for a child that is 19 yrs old and has not lived in here mother house hold over the last five yrs and did not tell me,i filed a motion to stop it the judge did not even listen to me, no that she has enrolled in some college classes not full time and has her own apartment with her boyfriend they told the judge she is away at school in order to keep me paying, and they spilt my support payments is there any thing i can do

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What does your court order say about paying after the child turns 18? Does it say you are obligated to pay if the child is attending college?

New York state say u pay until 21 unless I can prove the child is living on her own,

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Originally Posted by ascamoore

new york state say u pay until 21 unless i can prove the child is living on her own,

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Then prove she's living on her own. Although I don't know what good it would do, as you've already filed and been denied.

What was the judge's reason for denying your initial petition to terminate support?

I live in another state do not have the money to hire a pi,when I tried to explain in court the judge did not want to hear my side, just took one minute and ruled

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Originally Posted by ascamoore

i live in another state do not have the money to hire a pi,when i tried to explain in court the judge did not want to hear my side, just took one minute and ruled

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Please elaborate a bit more. What did you write in your petition as your reason for wanting support terminated? What did the judge state was their reason for denying your motion?

It says must be a full time student and still under care of custi.parent , they told her she was in college but did not give her all the info, if you are a man u no how female judge treat u in court

I wrote that she is not living with the mother in over five year, that she live in her own place with her boyfriend and has a job and take some classes,the judge new the mother she work in the court with them so she did not even give me a chance to explain my case

Its says the child must be a full time student under the mother care,

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Originally Posted by ascamoore

i wrote that she is not living with the mother in over five year, that she live in her own place with her boyfriend and has a job and take some classes,the judge new the mother she work in the court with them so she did not even give me a chance to explain my case

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It sounds to me like you didn't explain your case very well to begin with. Do you have proof that she is not attending college full-time? Did you submit that proof with your petition?

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ascamoore does not find this helpful : my q what can I do at this point

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What can you do at this point?

First, you can familiarize yourself with the site rules regarding the rating system:
https://www.askmehelpdesk.com/feedba...ure-24951.html

I stand by what I said. The judge is not going to relieve you of your responsibility to financially support your child just because you claim she's living on her own and not a full-time student - there needs to be proof. Either a)you didn't provide proof of your allegations or b)you have no proof in the first place.

You have two options.
1. Prove what you're saying is factual
2. Do nothing and pay support until your daughter is 21.

A) Don't bite the hand that's helping you here.
B) Hire a lawyer; it should be worth it. It's believable that there is favoritism going on.

There is some confusion about child support in NY. Yes, it's until 21 UNLESS: if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands."

I don't see any of those conditions (for emancipation) here.

OP can move to overturn the Judge's decision or bring proof of whatever he is alleging. As far as the "the Court is picking on me because I'm the father" argument is concerned, there are also non-custodial MOTHERS who lose in Court and allege the same thing.

I assume that the OP did not make a clear, concise argument, according to the Law, and got denied.

He needs to refile.

You made a great point,that's how it all started my daughter lived with a aunt since the start of high school and was told not to tell me, when she graduate for high school she moved on her own,then she told me what happen,so when i filed to stop support he mom talked her into spilting the support so i could not stop it so they had her reg. for some college classes and told the court she is away at school living off campus that's why the judge rulled in there favor, i do not no how to prove she is living on her own so i guess i will have to let it go for two more years. Thanks for the advise,

First, no reason to shout at us. Do you know what her true address is? If so, send her a certified letter, return receipt, to that address. If you get a receipt, you have some proof that she lives there. Get a subpoena and serve the college. Generally, even if the student is living in off campus housing, the school will keep a record of that. Also they can check if she is actually attending the course3s she registered for.

How much are you going to pay in support for the next couple of years? It may be cheaper to hire a PI.

How much are you paying in support?