What are circumstances that child support can be waived?

Question

My boyfriends daughter is 19 about to be 20 and is now pregnant with her 2nd child. She has moved back and forth out of state several times in the last year and has lost several jobs in that time as well. She wants to move back here to NY and collect welfare but in our state they will garnish the parents for child support until she is 21. Is there any way for my boyfriend and his ex-wife to fight this?

Answer 1

The State of New York does not have an emancipation statute available or a court proceeding to remove the disability of minority. Rather, the status of a youth will turn on the specific facts of the case.

According to caselaw, in the State of New York "emancipation" has been defined as the renunciation of parental rights to a child. Gittleman v. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130 (2d Dept. 1981); Wayne County Dept. of Soc. Serv. v. Schultz, 81 Misc. 2d 603, 366 N.Y.S. 2d 845 (Fam. Ct. Wayne County 1975).

Also a minor is considered emancipated if the following events have occurred:

1) He or she is married. Cochran v. Cochran, 196 N.Y. 86, 89 N.E. 470 (1909); Matter of Williams, & 106 Misc. 2d 280, 431 N.Y.S. 2d 334 (Fam. Ct. Monroe County 1980); Bach v. Long Island Jewish Hospital, 49 Misc. 2d 207, 267 N.Y.S. 2d 289 (Sup. Ct.Nassau County 1966).

2) He or she is in the armed services. Zuckerman v. Zuckerman, 154 A.D. 2d 666, 546 N.Y.S. 2d 666 (2d Dept. 1989); Fauser v. Fauser, 50 Misc. 2d 601, 271, N.Y.S. 2d 59 (Fam. Ct. Nassau County 1966).

3) He or she has established a home and is financially independent. Roe v. Doe, 29 N.Y.2d 188, 272 N.E.2d 567, 324 N.Y.S.2d 71 (1971); Knoll v. Kilcher, 100 A.D. 2d 686, 473 N.Y.S. 2d 887 (3rd Dept. 1984); Giovagnioli v. Ft. Orange, 133 N.Y.S. 92 (3rd Dept. 1911); Rosemary v. George, 103 Misc.2d 1036, 427 N.Y.S.2d 553 (Fam. Ct. Dutchess County 1980); Bickford v. Bickford, 83 Misc. 2d 571, 371 N.Y.S. 2d 782 (Fam. Ct. Schenectady County 1975).

4) His or her parent has failed to fulfill parental support obligations and the minor seeks emancipation. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130; Murphy v. Murphy, 206 Misc. 2d 228, 133 N.Y.S. 2d 796 (Sup. Ct. Broome County 1954).

You should seek the guidence of a local attorney who specializes in family law.

Best wishes!

Answer 2

The child support obligation is one of the oldest known to the law. Historically, it belonged only to fathers. Today, all parents are responsible, at least in theory, for the financial support of their children. The obligation extends equally to female parents as well as male parents; to unmarried parents, as well as married ones. Generally, the obligation does not extend beyond natural and adoptive parents, although a small number of states have imposed child support obligations on stepparents and grandparents under certain circumstances.

One of the principal sources of post-mediation litigation is the parties’ failure to understand that the obligation to support children arises by operation of law, not contract. It exists not because parents agree on it, but because the state, in its role as parens patriae (protector of children) has an overriding interest in ensuring adequate support for children. The state also has an interest in reducing the size of its welfare rolls. Thus, even though a married couple can enter into a binding contract concerning how their property and debts are going to be divvied up, the portions of the agreement concerning child support are not completely within their ability to control. A judge can choose to enforce or not to enforce a child support agreement, even if it is part of a voluntary, bargained-for exchange between two intelligent, well-informed adults.

Answer 3

Cant she be emancipated? I thought that happened automatically at age 18. Ive never heard of that before. Why should the parents be responsible for their daughter if she is old enough to have a family of her own??

Answer 4

i would. that situation would make me fight it as well.

and i'm with the other posters here, i would seek legal help. if you cant afford it, contact your local Legal Aid Office (in phone book, call county court clerks office or state Bar Assoc for the number). they go on a sliding scale so its free to most people.

since she has been moving around, it shows financial independence does it not? that would make her responsible for her own actions. did she at any time live on her own? if so, its proof (you need to get the address, then call that area tax office for the owners of that property and get a written statement from them that she was independantly living there on her own).

also the fact shes a parent (and soon to be again) would be my arguement as well.

both good points.

Answer 5

You should definately talk to an attorney about this. I am sure that you can (like in Texas you are emancipated at age 17) file for emancipation from your parents.

Good Luck To You!

Answer 6

right here you bypass: below Missouri regulation, infant help keeps till a infant reaches the age of 18, in spite of the undeniable fact that, if the infant keeps to be in school after age 18, the infant help criminal duty will proceed till the infant reaches age 22. Illinois: Illinois regulation - till What Age Does infant help regularly Run? infant help keeps a minimum of till the infant turns age 18, or turns into self sufficient. The courtroom may additionally award educational expenses for faculty or graduate college. Or, the courtroom might order help to proceed till the infant finishes severe college. additionally, if the infant is mentally or bodily disabled, the courtroom might award infant help to proceed indefinitely.

Answer 7

wow children having children and collecting child support form her parents and her kids parents? i wouldn't pay squat WTF????