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    lucytwo2's Avatar
    lucytwo2 Posts: 57, Reputation: 2
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    #1

    Sep 25, 2008, 03:36 PM
    Child Support
    This is in the state of New York.My husbnd was ordered to pay child support in the amount of $50 per week for 2 children per his divorce agreement. When his oldest son turned 23 we went to court to get him emancipated.He was 23,married,in the army,married and obviously not living at home.The judge emancipated him and said the child support would continue in the same amount for his daughter who was 18. She graduated from high school worked full time but remained at home. When she turned 20 we went to court to get her emancipated.His ex did not show for the court date that was in August. Another date was set for October and she showed up this time and said her daughter decided to go to college.We paid the support up until she turned 21 which was in September of the following year.Since then we have spoken to her and she said she dropped out of college after a short time.Her mother wanted her to go just to get the support money.Is there anyway we can get the money back that we paid from the time she quit college up until the time she turned 21?That would amount to about 10 months of support money.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 25, 2008, 03:43 PM
    Quote Originally Posted by lucytwo2 View Post
    This is in the state of New York.My husbnd was ordered to pay child support in the amount of $50 per week for 2 children per his divorce agreement. When his oldest son turned 23 we went to court to get him emancipated.He was 23,married,in the army,married and obviously not living at home.The judge emancipated him and said the child support would continue in the same amount for his daughter who was 18. She graduated from high school worked full time but remained at home. When she turned 20 we went to court to get her emancipated.His ex did not show for the court date that was in August. Another date was set for October and she showed up this time and said her daughter decided to go to college.We paid the support up until she turned 21 which was in September of the following year.Since then we have spoken to her and she said she dropped out of college after a short time.Her mother wanted her to go just to get the support money.Is there anyway we can get the money back that we paid from the time she quit college up until the time she turned 21?That would amount to about 10 months of support money.

    It's a long shot but your husband can take his "ex" back to Court for violation of the Court Order - failing to notify him of changed circumstances.

    Again, it's a long shot and I don't know that he would prevail but he could file in Family Court and see how it plays out.

    Immoral - yes. Illegal, remains to be seen.

    Did his daughter not tell him she dropped out of College?
    lucytwo2's Avatar
    lucytwo2 Posts: 57, Reputation: 2
    Junior Member
     
    #3

    Sep 25, 2008, 03:56 PM
    Quote Originally Posted by JudyKayTee View Post
    It's a long shot but your husband can take his "ex" back to Court for violation of the Court Order - failing to notify him of changed circumstances.

    Again, it's a long shot and I don't know that he would prevail but he could file in Family Court and see how it plays out.

    Immoral - yes. Illegal, remains to be seen.

    Did his daughter not tell him she dropped out of College?
    They were not speaking at the time because of his ex.My husband lost his visitation rights .She didn't want him to have any contact with the kids.Only after she moved out of the house they started to get in contact with each other.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 25, 2008, 04:56 PM
    Quote Originally Posted by lucytwo2 View Post
    They were not speaking at the time because of his ex.My husband lost his visitation rights .She didnt want him to have any contact with the kids.Only after she moved out of the house they started to get in contact with each other.

    I kind of figured - tragic when something like happens, tragic for everyone. Life is too short.

    Anyway - I think it's worth a shot in Court. Will cost you nothing and who knows - your husband may very well be able to get a Judge to find his ex in contempt.

    She did have an obligation to notify the Court when the situation changed. She obviously didn't do so. I'd give it a try.

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