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How long am I required to pay

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Pops52

Junior Member
What is the name of your state (only U.S. law)? NewYork

Hi,

I've been searching for the answer, but cannot find it.

Q: How long do I have to pay my (19)daughters mother CS?

Story:
I just went to court to modify CS(per daughters request), as my daughter was kicked out of the house a month ago and mother wouldn't give money to 19yr old daughter.

Back a bit-
Daughter left mothers house in February 2011 till June 2011. She went back for 1 week and was kicked out, because she refused to pay more rent. Oh, did I mention she has to pay rent on top of my CS?

She bounced around from friend to friend till they would tell her to go. I had offered my home many times, but was always told no. She lives in a different county, etc. Anyways, she did move in here in July 2011 for 3 weeks. Kept on me about the Modification. I guess she was hoping I would have CS put in her name, but I was told "I" couldn't do that. (judge). The day after first hearing she tells me shes moving home. Arrg. Theres goes my fee for petitioning in another county plus overnight mail fee! :mad:

Judge vacated my petition as she moved home again, even-though she only lived there this year January-February this year plus one week.

While my daughter was here she had told me she failed outta college. hmmm

Any suggestions?

Pops
 


BL

Senior Member
What is the name of your state (only U.S. law)? NewYork

Hi,

I've been searching for the answer, but cannot find it.

Q: How long do I have to pay my (19)daughters mother CS?

Story:
I just went to court to modify CS(per daughters request), as my daughter was kicked out of the house a month ago and mother wouldn't give money to 19yr old daughter.

Back a bit-
Daughter left mothers house in February 2011 till June 2011. She went back for 1 week and was kicked out, because she refused to pay more rent. Oh, did I mention she has to pay rent on top of my CS?

She bounced around from friend to friend till they would tell her to go. I had offered my home many times, but was always told no. She lives in a different county, etc. Anyways, she did move in here in July 2011 for 3 weeks. Kept on me about the Modification. I guess she was hoping I would have CS put in her name, but I was told "I" couldn't do that. (judge). The day after first hearing she tells me shes moving home. Arrg. Theres goes my fee for petitioning in another county plus overnight mail fee! :mad:

Judge vacated my petition as she moved home again, even-though she only lived there this year January-February this year plus one week.

While my daughter was here she had told me she failed outta college. hmmm

Any suggestions?

Pops
Did you receive the decision with reference to objection ?

If so file an objection and request reversal as the child was not under a parents care and control and if denied ask for relief during the time the child was not at either home.

Ask for both in your objection .

Judge is correct , CS does not go to the child.


What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After reviewingthe case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.
______________________________________
What if I disagree with the child support order that is issued at the hearing?
If either parent disagrees with the support order, he or she has 30 days from the date
the order was made to file a written objection with the court clerk’s office. A judge will
review the case file and decide whether or not the order should be changed.
BTW , in NY it's 21 or until the child is no longer under the care and control of either parent .

Having to pay CS has nothing to do with a child working ( that is not self sufficient ) and paying rent .

NY does not want to take care of this child therefor if NY can will obligate a parent to .
 
Last edited:

Pops52

Junior Member
Thanks BL,

Didn't know this.

The modification was to stop all CS to mother, as child was no longer living with her.

I was actually given a "Order to show Cause" by the child support division, which was sent along with the petition. Problem is child moved back again.

Can I still object to past CS here? Being the mod. was to stop CS? Sounds like that is a whole other petition.

It would've been stopped in first hearing if I had remembered to bring the receipt proving she was served, as she didn't show in court, and my daughter
was sitting outside the courtroom at the time. It was moved to next week, and I was supposed to show proof, but mother requested phone conference this time, and child was now living with her again.
-----------
Funny note: After first hearing I asked judge if I could ask a question. He said, sure. I asked if we get this stopped, and say child moves back in a month or so, then could mother petition me again? He said, yes, your required to pay CS till child is 21yrs old.

2nd hearing ended, and I asked about the fact she hadn't lived with mother long this year, and now he said its inappropriate for him to give legal advice. seek Attorney... hmmm
------------

How long do I have to pay? Till 21 or is it longer if she re-enters college?
Whats the rule here? Living home or not? She does work, but won't get a full time job. lazy

Pops
 

BL

Senior Member
Thanks BL,

Didn't know this.

The modification was to stop all CS to mother, as child was no longer living with her.

I was actually given a "Order to show Cause" by the child support division, which was sent along with the petition. Problem is child moved back again.

Can I still object to past CS here? Being the mod. was to stop CS? Sounds like that is a whole other petition.

It would've been stopped in first hearing if I had remembered to bring the receipt proving she was served, as she didn't show in court, and my daughter
was sitting outside the courtroom at the time. It was moved to next week, and I was supposed to show proof, but mother requested phone conference this time, and child was now living with her again.
-----------
Funny note: After first hearing I asked judge if I could ask a question. He said, sure. I asked if we get this stopped, and say child moves back in a month or so, then could mother petition me again? He said, yes, your required to pay CS till child is 21yrs old.

2nd hearing ended, and I asked about the fact she hadn't lived with mother long this year, and now he said its inappropriate for him to give legal advice. seek Attorney... hmmm
------------

How long do I have to pay? Till 21 or is it longer if she re-enters college?
Whats the rule here? Living home or not? She does work, but won't get a full time job. lazy

Pops
Go ahead and file the objection . The Judge may order some relief ,or send it back to determine some relief .

I had one hearing examiner madder than heck ,because I had law in front of me to get the relief I requested .

CS can be suspended or terminated .

Never know what the Judge will do .Get it in timely and see . Doesn't cost a thing as I remember .


Examiner is correct ,they can't give advice .

He did answer your general question which he could.
 

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