Child Support for 19yr old NY & PA

[Vyxxin]

What is the name of your state (only U.S. law)? Pennsylvania

This is a long and in depth one so please bear with me. SO, my husband had been paying child support (ad arrears) for years when, due to unforeseen circumstances, he got custody of his children (full custody). He paid all of his arrears off during his children's stay here and never filed to receive support from their mother during that time. He fully supported his children before (through child support) and during their stay here. NOW, his children became adults in the state of PA and moved out. His son moved out when he was 18, but before graduating high school. When he moved out, he moved in with friends and failed his last year of high school. His friend kicked him out recently. He did not ask to move back in here, he decided to go live with other family in NY state. He is now almost 19yrs. While he was considered an adult, had reached the age of majority in PA...that is not so for NY. His aunt, who he is now staying with, fully intends to file for child support. What are my husbands options here? Will he most likely have to pay, can he contest the support, can he ask that his son move back to PA as, when custody was established, he was granted full custody...if they are filing support, do they need to obtain custody of him if he was an adult in PA? Any "ins and outs" of this would be greatly appreciated.

 

[Silverplum]

What is the name of your state (only U.S. law)? Pennsylvania

This is a long and in depth one so please bear with me. SO, my husband had been paying child support (ad arrears) for years when, due to unforeseen circumstances, he got custody of his children (full custody). He paid all of his arrears off during his children's stay here and never filed to receive support from their mother during that time. He fully supported his children before (through child support) and during their stay here. NOW, his children became adults in the state of PA and moved out. His son moved out when he was 18, but before graduating high school. When he moved out, he moved in with friends and failed his last year of high school. His friend kicked him out recently. He did not ask to move back in here, he decided to go live with other family in NY state. He is now almost 19yrs. While he was considered an adult, had reached the age of majority in PA...that is not so for NY. His aunt, who he is now staying with, fully intends to file for child support. What are my husbands options here? Will he most likely have to pay, can he contest the support, can he ask that his son move back to PA as, when custody was established, he was granted full custody...if they are filing support, do they need to obtain custody of him if he was an adult in PA? Any "ins and outs" of this would be greatly appreciated.

Which state issued the child support order, the one Dad paid with arrears?

 

[Proserpina]

What is the name of your state (only U.S. law)? Pennsylvania

This is a long and in depth one so please bear with me. SO, my husband had been paying child support (ad arrears) for years when, due to unforeseen circumstances, he got custody of his children (full custody). He paid all of his arrears off during his children's stay here and never filed to receive support from their mother during that time. He fully supported his children before (through child support) and during their stay here. NOW, his children became adults in the state of PA and moved out. His son moved out when he was 18, but before graduating high school. When he moved out, he moved in with friends and failed his last year of high school. His friend kicked him out recently. He did not ask to move back in here, he decided to go live with other family in NY state. He is now almost 19yrs. While he was considered an adult, had reached the age of majority in PA...that is not so for NY. His aunt, who he is now staying with, fully intends to file for child support. What are my husbands options here? Will he most likely have to pay, can he contest the support, can he ask that his son move back to PA as, when custody was established, he was granted full custody...if they are filing support, do they need to obtain custody of him if he was an adult in PA? Any "ins and outs" of this would be greatly appreciated.

Here's the not-so-fun part.

Sure, he's 18 and an adult although the parent might still have to pay child support......but he's no longer subject to any custody agreement.

Assuming PA would have jurisdiction, she's too late. Even if the order was out of NY, I'd argue strongly that he has self-emancipated .

 

[Vyxxin]

When the support was ordered, the mother had custody in NY. So he paid through NY. Now that order was fulfilled years ago...as, like I said, he got custody of them when they were 10 & 11yrs old and they've lived in PA since. NOW, if the aunt files for child support, as she lives in NY, it will be through NY. Thoughts? We intended to argue that he'd self emancipated here in PA as he's been living outside of our home, not with family but his school buddies, for almost a full year now. On his own, with no more than a few facebook messages in that time and he's never come back to the house. We just weren't sure if we had a leg to stand on with that argument...like I said, in PA he was into the age of majority. He was 18 when he moved out...and is almost 19 now...honestly think his aunt just sees $$ and that's why she's letting him stay with her.

 

[Zigner]

How close to 19 is he? Realistically, I think aunt is blowing smoke.

 

[Silverplum]

When the support was ordered, the mother had custody in NY. So he paid through NY. Now that order was fulfilled years ago...as, like I said, he got custody of them when they were 10 & 11yrs old and they've lived in PA since. NOW, if the aunt files for child support, as she lives in NY, it will be through NY. Thoughts? We intended to argue that he'd self emancipated here in PA as he's been living outside of our home, not with family but his school buddies, for almost a full year now. On his own, with no more than a few facebook messages in that time and he's never come back to the house. We just weren't sure if we had a leg to stand on with that argument...like I said, in PA he was into the age of majority. He was 18 when he moved out...and is almost 19 now...honestly think his aunt just sees $$ and that's why she's letting him stay with her.

Dad *may* have a problem with NY child support: did he ever notify NY Child Support Enforcement that he had custody? Was the custody change through the court??

 

[Vyxxin]

He's 3mos away from 19yrs old, but I know in NY parents have to pay support until 21 I think? As far as the support order, YES...YES and YES they were notified. They were the ones we paid off the arrears to. See, when he got custody, they stopped the support order to the mother. At that point, all he had was arrears and those were paid off...in full...years ago. We went through the NY state courts to get custody of both children AND we received final payment notice on all of the arrears. After that, no support was made either to the state or to the mother and we never filed to receive support.

EDITED TO NOTE: when we went to get custody of the children...they'd been left by their mother with family in NY. We were notified by social services and went to retrieve them. We had custody established in NY state and it was not contested as the mother didn't even bother to attend the hearings as SHE was out of state running from the law...after custody was established in NY, the children were brought here to PA where we lived (and still do) for the remainder of their childhood. They both moved out at 18yrs old, of their own choosing.

 

[Silverplum]

He's 3mos away from 19yrs old, but I know in NY parents have to pay support until 21 I think? As far as the support order, YES...YES and YES they were notified. They were the ones we paid off the arrears to. See, when he got custody, they stopped the support order to the mother. At that point, all he had was arrears and those were paid off...in full...years ago. We went through the NY state courts to get custody of both children AND we received final payment notice on all of the arrears. After that, no support was made either to the state or to the mother and we never filed to receive support.

EDITED TO NOTE: when we went to get custody of the children...they'd been left by their mother with family in NY. We were notified by social services and went to retrieve them. We had custody established in NY state and it was not contested as the mother didn't even bother to attend the hearings as SHE was out of state running from the law...after custody was established in NY, the children were brought here to PA where we lived (and still do) for the remainder of their childhood. They both moved out at 18yrs old, of their own choosing.

Okay, that's good.

 

[Vyxxin]

So what are your thoughts on them having legitimate claim? I mean, I would think that allowing an adult in one state...to cross borders to then be able to collect support in a state that has a higher age of majority...well, at the very least it's unscrupulous LOL! Seriously though?

 

[LdiJ]

So what are your thoughts on them having legitimate claim? I mean, I would think that allowing an adult in one state...to cross borders to then be able to collect support in a state that has a higher age of majority...well, at the very least it's unscrupulous LOL! Seriously though?

Your husband is going to need to base his defense on the fact that the children were in his legal custody in PA for that last X number of years, and that they chose to self-emancipate at age 18, the legal age to do so in PA. He probably should also make the argument that he is sure that the intent of NY law is not to allow people who are adults in their state of residency, to move into NY in order for extended family members to be able to request child support.

He should also mention that even under NY law, that adult children between the ages of 18-21 are denied child support when they refuse to remain under the care and control of their parents.

I will also add that its iffy if auntie can even file for support since she never had custody of now adult child. Had he moved in with his mother (and she were fit) the situation might be a tad different, but I not sure that auntie even has standing.

 

[Vyxxin]

Okay, so his aunt and uncle ARE officially filing for support. We received the papers in the mail today to appear next week. I have a few more questions though things aren't looking great. SO, our son failed his senior year of high school. He almost failed sophomore and junior years, but we paid for summer schooling and that allowed him to move on. NOW, because he wasn't living here for his senior year, when he failed...he didn't go to summer school. We talked to the principle of the school here in PA that he failed out of. The principle told us that if he completed the summer school courses NOW (before Oct. 1st) he'd still pass his senior year. He'd only have to go to school for ONE MONTH...no homework...and as soon as he finished his courses he'd be done even if it didn't take the full month. We made this information available to him and he declined saying he'd just do the extra year in NY state. Now I've been told by several people that it doesn't matter if he's reached the age of majority in PA...that it doesn't matter that he self emancipated for the past 10mos in PA...that IF he attends school in NY we WILL have to pay support? Anyone know how true this is and what documents we may want to have handy during the court proceedings?

 

[Vyxxin]

No other input guys? Faxing our petition to be present via phone this weekend. NY is a 4.5-5hr drive and my husband would need to miss work to attend in person so he's planning to attend via telephone. Looking for any tips...as, like I said, we're losing hope fast that we'll actually win this.

 

[LdiJ]

No other input guys? Faxing our petition to be present via phone this weekend. NY is a 4.5-5hr drive and my husband would need to miss work to attend in person so he's planning to attend via telephone. Looking for any tips...as, like I said, we're losing hope fast that we'll actually win this.

All I can do is repeat the advice that I gave you in post number 10.

 

[Vyxxin]

Trust me, post #10 was MUCH appreciated and what we intend to base our case on I was just wondering if the fact he intends to go back to school for another senior year sealed our fate? I think it's utterly ridiculous that ANYONE would pass up a 1month senior year in favor of a full school year JUST to avoid becoming an actual adult that has to get a job and make a living...but this is who our son has grown up to be unfortunately

 

[LdiJ]

Trust me, post #10 was MUCH appreciated and what we intend to base our case on I was just wondering if the fact he intends to go back to school for another senior year sealed our fate? I think it's utterly ridiculous that ANYONE would pass up a 1month senior year in favor of a full school year JUST to avoid becoming an actual adult that has to get a job and make a living...but this is who our son has grown up to be unfortunately

I honestly cannot answer that question. All I can say is that I have seen case law from NY that disallows child support for someone over 18 who refused to live under the care and control of one of their parents.