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mothra1965 · Oct 11, 2006, 04:03 AM

Hi! I'm hoping you can give me some advice. I live in New York state. My husband and I split 12 years ago when my daughter was 6. They recently had a break down in their relationship (she's upset because he's moving to North Carolina with his girlfriend), and he's decided to take me to court to remove his child support responsibility.

He is still paying the same amount that he paid when we broke up, I never took him to court for cost of living increases because I didn't want to make things hard for him. Now, for the first time, we're headed to court. She is a part time college student and working making $10 an hour.

I can't afford a lawyer.. can you suggest someone I can talk to, or someplace I can find my legal rights? Thanks!:)

excon · Oct 11, 2006, 06:01 AM

Hello mothra:

What does your divorce decree say? Some say that his obligation is over when she reaches 18. Some say that he's responsible for support if she goes to school after 18 till she's 21.

If your decree doesn't address the issue, and it looks like yours doesn't, you'll have to show the judge why you need continued support, just like you did the first time.

I don't think this has anything to do with your legal rights. It has to do with your daughters legal rights, and whether she's entitled to continued support.

excon

ScottGem · Oct 11, 2006, 06:19 AM

As excon said, this is governed by your divorce decree. Your ex can't stop paying just because he's had a fight with your daughter. On the other hand, I would be very surprised if the decree was open ended. It should state somewhere in the documentation how long he has to pay support for.

If he has to take you to court to stop paying then the agreement hasn't ended yet and the likelihood is that he won't be able to change it. All you need to do is show up in court and show why your daughter still needs financial support. Pointing out that you have not asked for cost of living increases will help put the judge on your side, In my opinion.

If he just stops paying, then YOU will need to take him to court depending on what the decree says.