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Child Leaving Custodial Parent so NON CUSTODiAL PARENT DOESNT HAVE TO PAY SUPPORT ANY

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jpilates

Junior Member
What is the name of your state (only U.S. law)? NY
I was awarded custody of my 17, soon to be 18, year old daughter. She is going away to college this fall. Her father is bribing her with money and cars to come and live with him and change her address so that he may not have to pay child support anymore.

Can anyone tell me if there is any legal ground for him to get her to do this and not pay child support anymore.

I am a hard working mom doiing everything I can to keep my house and a great roof over her head but his money is talking to her more.

Thanks anyone
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NY
I was awarded custody of my 17, soon to be 18, year old daughter. She is going away to college this fall. Her father is bribing her with money and cars to come and live with him and change her address so that he may not have to pay child support anymore.

Can anyone tell me if there is any legal ground for him to get her to do this and not pay child support anymore.

I am a hard working mom doiing everything I can to keep my house and a great roof over her head but his money is talking to her more.

Thanks anyone
A mere change of her address does not change the support order. He would need to file for a modification.
 

jpilates

Junior Member
A modification? So, if he files a modification, what grounds can he do that? I'm worried now that if I don't have the child support I will lose my home.

Can he do this? He is living with a women, not married. Do I have any recourse? This is so upsetting.
 

stealth2

Under the Radar Member
On the grounds that she no longer lives with you.

What were you going to do about your mortgage when CS stopped in 3 years?
 

BL

Senior Member
What are you going to do when your daughter turns 21 or is emancipated before 21 with your home ?

Or do you have it planned to pay it off with the help of CS until age 21 ?

:confused:

She can chose anywhere to live at 18 .

If she decides to live with Daddy , he can file to have his CS obligations terminated to you .
 

jpilates

Junior Member
I am in the process of doing that now, with the home. My job is picking up and I have a court settlement, so it will be able to be done very soon, within a year or two. I will then have the means to keep the house on my own. What's more upsetting is his bribery to take her out of her moms home and live with him and his girlfriend. Its not fair that she can be bribed because he has more money. Thank you for your answers.
 

BL

Senior Member
I am in the process of doing that now, with the home. My job is picking up and I have a court settlement, so it will be able to be done very soon, within a year or two. I will then have the means to keep the house on my own. What's more upsetting is his bribery to take her out of her moms home and live with him and his girlfriend. Its not fair that she can be bribed because he has more money. Thank you for your answers.
When you became a parent you must have realized children could fly from the coup sooner or later any how they wish .

Your animosity is with your X . It shows .
 

CourtClerk

Senior Member
So... dad wants daughter there for financial purposes

Mom wants daughter there for financial purposes

Seems like she doesn't win either way. At least if she goes to dad, she gets something out of it.:rolleyes:
 

mistoffolees

Senior Member
A modification? So, if he files a modification, what grounds can he do that? I'm worried now that if I don't have the child support I will lose my home.
As you've been told, CS is for the child's benefit, not yours. If the child is no longer living with you, then you have no right to receive the child support - and need to be able to support yourself.

Can he do this? He is living with a women, not married. Do I have any recourse? This is so upsetting.
Not a thing. If the child were younger, I'd be asking if there was a 'no paramour' clause in your decree, but once the child is 18, that doesn't matter. At that age, it's up to the CHILD to decide where to live, not you, Dad, or the judge.
 

CourtClerk

Senior Member
You know? At 18, an "I want to live with my father just because" argument may work, especially when the only counter is "your honor, she can't go live with her father because if she does, then he doesn't have to pay support anymore and I will lose my house."
 

nextwife

Senior Member
If your place would be paid off in under five years, you surely have a LOT of equity. Rewrite the balance, see if it can be reamortized over a longer period to reduce the payments, downsize, or get a roommate, or do more than one of the things mentioned. Your housing needs costs after kiddo reaches 18 should have nothing to do with child support.

You know, maybe a daughter simply wants to live with the guy because he's her father? Maybe she never has and would like to try it, or did but was too young to remember, or has always wanted to but couldn't until now? At age 18 she CAN live where she wishes.
 
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mistoffolees

Senior Member
You know? At 18, an "I want to live with my father just because" argument may work, especially when the only counter is "your honor, she can't go live with her father because if she does, then he doesn't have to pay support anymore and I will lose my house."
Actually, it doesn't matter what the counter is. At 18, "I want to live with my father" WILL work, not just may.
 

LizzieB

Member
You know? At 18, an "I want to live with my father just because" argument may work, especially when the only counter is "your honor, she can't go live with her father because if she does, then he doesn't have to pay support anymore and I will lose my house."
Termination of support in NY is 21 or emancipation as determined by court. If the court deems it ok for the child to live with father or emancipate, then CS ends.

NY law provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so.
 
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BL

Senior Member
Termination of support in NY is 21 or emancipation as determined by court. If the court deems it ok for the child to live with father or emancipate, then CS ends.

NY law provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so.
Where was it mentioned he is responsible for higher educational expenses ?
 
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