How to terminate child support once child moves in

[WatersT]

Hello, I live in New York and have a child support case where the payments are automatically deducted from my check(NO arrears) and sent to the custodial parent who lives in FL. My daughter will turns 21 Sept 2016 and has decided to move in with me full time. Mom is OK with the decision as well (although I'm not sure if shes OK with not getting the child support payments). I would like some guidance about how to terminate child support.I will need to move into a bigger apartment soon and would need the money to afford the higher rent. I have been doing some research and am not sure if I should hire a lawyer or just file papers myself. I don't know if I should file a 'modification order' or a 'Petition for Relief From Support Payments And Commitment' Also, once I file the paperwork, I'm not sure how long the process takes (I'm assuming a few months). Thank you in advance for all your help!

 

[wavehopper27]

Child support termination in automatic once your YOUNGEST child reaches 21. If you have other younger children with your ex, you will need to file to have your support modified to exclude the 21 year old. If the 21 year old is your youngest or only child, child support will terminate automatically.

 

[WatersT]

How can I terminate before her birthday in September? She is moving in with me full time starting next week. I'd like to suspend the payments from that moment forward. Thank you for your response.

 

[justalayman]

Norhing is going to happen that fast. (Next couple weeks)


What state is the custody and support order from?

 

[WatersT]

The order is from NY

 

[wavehopper27]

The judge can make any support modification retroactive back to the date the paperwork was filed.

 

[justalayman]

The judge can make any support modification retroactive back to the date the paperwork was filed.

But it is not going to be altered or suspended until it gets in to court. Op wanted to stop making payments next week.

 

[wavehopper27]

The OP needs to file his modification request ASAP. Only by getting paperwork filed can he potentially re-coup any child support he will pay between the date of the filing and the date the judge rules on it.

 

[WatersT]

Thank you everyone for your responses. I will go and file for a modification, due to change of circumstance. If I'm not mistaken, I can fill out form online. Thank you again.