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ascamoore · Dec 7, 2011, 10:32 AM

My daughter who is 19 years old was away at college living with her boy friend,now she is pregnant moving back home but has her own apartment ,under New York state do I still have to pay child support

JudyKayTee · Dec 7, 2011, 10:52 AM

Depends on your divorce or support Order or whatever directs you to pay support. As a rule in NY when she moved in with her boyfriend support would have stopped.

Will she be a full-time student?

Support "usually" stops at graduation from high school and/or age 18 and/or graduation from college and/or a given age.

It doesn't go on forever.

Petition the Court to stop it.

EDIT: I just realized you have another thread to which I responded: "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."

(And thank you for the "thanks" on that thread.)

ascamoore · Dec 7, 2011, 11:17 AM

I was never married, it was just a basic child support order no spec. notes to it ,as far as living with her boy friend the mom told the court she was away at college living off campus,

JudyKayTee · Dec 7, 2011, 01:08 PM

What would I do? I'd go back to Court and request that support be stopped because she is NOT a full time student and no longer lives with the custodial parent.

I'd do my research (which I could help you with) and make a claim that she's emancipated.

I think you'll win if you are well prepared. The situation is ridiculous and I think you're being "taken" - by the mother, by the child, by the system.