My child is 17 and no longer lives with her mom. She is actually living with her boyfriend. My daughter herself has told me this. But, her mother and her have left documentation to show her as a resident at her mom's. This is a NY state order of support, and I don't know what I need to do. How do I correct this? A side note, my daughter is also working two jobs that well put her over the minimum 30 hours for emancipation.

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Originally Posted by digitalstorm73

My child is 17 and no longer lives with her mom. She is actually living with her boyfriend. ...

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So? You owe the child support to the mother, not your child. How, or whether, the mother actually uses this money to support your child is beside the point.

However you might want to look up a case entitled Roe v. Doe, referred to in this blog. The author of the blog suggests that it might work in your favor. I doubt it, but a citation for the case is sadly lacking, so I can't be sure.

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Originally Posted by digitalstorm73

... A side note, my daughter is also working two jobs that well put her over the minimum 30 hours for emancipation.

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Are you suggesting that a minor is automatically emancipated if she works more than 30 hours a week? I don't think it works that way. But, I could be wrong. Maybe you should talk to the author of the blog I linked to. Emancipation requires a court order and usually upon a petition by the child.

In other words, you want to stop paying support. So you hire a PI get proof she doesn't live with mom and go to court to end support.

Or you tell your daughter, you would be happy to help her out and give her some direct support, but she has to support your getting the support order ended by testifying she no longer lives at home.

Is your daughter still in school? What does the order for support say as to how long it is suppose to run to? Orders in NY have ranged as the law has changed several times to end between 18 and 21 years of age. If yours only goes to 18 it depends how much time is left on it as to if it is worth it or not to go through the trouble of changing it.

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Originally Posted by AK lawyer

So? You owe the child support to the mother, not your child. How, or whether, the mother actually uses this money to support your child is beside the point.

However you might want to look up a case entitled Roe v. Doe, referred to in this blog. The author of the blog suggests that it might work in your favor. I doubt it, but a citation for the case is sadly lacking, so I can't be sure.



Are you suggesting that a minor is automatically emancipated if she works more than 30 hours a week? I don't think it works that way. But, I could be wrong. Maybe you should talk to the author of the blog I linked to. Emancipation requires a court order and usually upon a petition by the child.

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All I can say about this link you posted is that Im completely stunned by some of what it had to say and truly wonder who in their right mind could have written something like this into law.

This is the line that got me...


Marriage

If your child is under the age of 21 and marries someone under the age of 21, and if the marriage is with the blessing of the parents of both spouses, the parents will not be relieved of their obligation to support the married child.