My daughter has a learning disability. She has a boyfriend, drives a car and works 30 to 38 hours a week with the public. I have paid dutifully for years, even though my daughter does not care to have a relationship with me. I feel as though it is time for her to stand on her own. Many kids are venturing out in the working world, making minimum wage. I feel as though she should pay her dues, just like the rest of us! It may cause her to pick herself up and go back to school. If not, she is making the choice as to the kind of life she will lead. I am trying to find presidence as to NYS cases on child support!
2007-04-12 07:35:54 · 22 answers · asked by grandular 1 in Family & Relationships ➔ Marriage & Divorce
Well let me put it this way. My daughter is getting "child support" and she is over 21, she is getting it based on the laws of the state of New York as well as what was determined by the court. She is currently enrolled in college and the "support" will continue until she is 23 years of age or gets married or drops out of school. She also works part time but that does not diminish the amount of support that was set down by the court. I suggest you get out your divorce/family court papers and read what they say...and if you don't understand them take them to your lawyer and have him translate them. It sounds as if the court has ordered you to pay support past her 21 birthday, and that you don't want to which is WHY your ex is taking you to court. She is entitled to do so.
2007-04-12 07:42:54 · answer #1 · answered by Anonymous · 0⤊ 1⤋
What does you divorce agreement say? Till 21, or emancipated, or married or joined the armed forces. Blah blah. Mine says that. But a child with an LD? That is an intersting spin. Technically what you pay is CHILD support. Not adult with a disability support. So I say go full on into court. State your case and hope the judge sees it your way. So do not settle with the ex. Go to court.
Remember judges are understanding and do not want to put parents in undue burdon. I do not think your ex has a case.
2007-04-12 08:33:55 · answer #2 · answered by Shootsscores 3 · 0⤊ 0⤋
I think you should stop worrying, it's only been two moths, the process will begin rolling soon enough. He can job hop all he wants, let's see who will hire him with that type of job history. Second, even if he were successful with job hopping, the child support amount will only become back child support which would eventually be garnished on his taxes. Yes the state can and will take away his DL....but again I think you are getting ahead of yourself. Leave the guy alone and let the state deal with him. It sounds like you are making his life impossible. You already filed for child support, he's going to go through his little denial phase, he's going to try to blame you and take it out on you but that's just him being angry with himself and the situation. Ignore him and eventually he will learn to come to terms with his fate and you'll get the support. Just be patient.
2016-05-18 02:25:01 · answer #3 · answered by eneida 3 · 0⤊ 0⤋
I know that in a few states that I have dealt with that once the child turns 18 the support stops. But if they continue to college they can receive the support till they turn 21. So I don't think your ex can keep getting support from you. Call a lawyer and ask them the question, they would be more knowledgeable then us.
2007-04-12 07:46:13 · answer #4 · answered by lilmystic63 2 · 0⤊ 1⤋
I am not absolutely sure but I do believe that you are obligated to pay until she reaches 23 if she is in school. I was always under the impression that child support stopped at 18 unless the child was in college and then only until 23.
Maybe the Family Court can help you, they have an information desk that will answer general questions.
2007-04-12 07:43:05 · answer #5 · answered by MissUnderstood 4 · 1⤊ 2⤋
If she is going to college, then you are probably going to have to pay if it's sptipulated in the divorce drecree, parenting plan or CS agreement.
The fact that the child is a "disabled" adult, the courts considered just like a child for all intents and purposes.
You can get a lawyer and fight it on the basis that her disability is not so serious, and that she hold a job and is out of the house. But you have to have proof of that. If she gets married, then you are off the hook, but don't tell you ex that.
Good luck
2007-04-12 07:41:55 · answer #6 · answered by Blunt 7 · 1⤊ 2⤋
I don't think you should. If she is able to do all of what you said, she can provide for herself. A huge plus, she is 21, she's no longer a child. It's not fair that she won't have anything to do with you and yet she getting money from you. She doesn't have to go back to school. With her learning disability, social workers can help her find a job that she can pick up on easily, they are there to help.
2007-04-12 07:42:27 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Sounds like this is more your ex than your daughter.If she's working then I don't think the courts would make you pay more child support.But if I were you I would ask the judge to make your ex pay all of the court costs and any lost wages(for having to appear)when she loses.At 21 your daughter is no longer a child and any disability is not keeping her from working.Good luck.
2007-04-12 07:45:40 · answer #8 · answered by ? 6 · 0⤊ 2⤋
The court will not side with her at all unless the disability is such that she cannot be a responsible adult. If that's the case that's what they make SSI for, not child support for an adult.
2007-04-12 07:46:38 · answer #9 · answered by steinerrw 4 · 0⤊ 0⤋
if you pay child support and your daughter stays in college or goes to college u have to pay till she's 23. if she drops out you stop paying
if her grades are bad and you can show that then u won't have to pay. alot of parents force the children to stay in college so the absent parent will continue to pay. I think that is very selfish
2007-04-13 23:40:09 · answer #10 · answered by poohbearquincy23 2 · 0⤊ 0⤋