mother wants to withdraw her petition

[NCPhelp]

What is the name of your state? NY

My husband's son's mother filed a peition to take my husband back to court for a modification of support. We went to the initial appearance and we are going for emancipation. He is 20 years old, working full time, etc. etc.

We just heard today that now she wants to withdraw her petition, but we are not sure we want to withdraw ours. We have a very good chance in getting this stopped altogether. The judge did not think kindly that she brought my husband back to court when the kid is going to be 21 in less than a year. Plus the fact she did not inform the Support Collection Unit, who their counsel represented her at the court appearance, that her son had a full time job earning almost $500 per week.

I am guessing this is why she is dropping her petition to modify in fear that she will end up with nothing.

Any advice, should we go ahead with the hearing and see what happens?

Thanks,

[BL]

Originally Posted by NCPhelp

What is the name of your state? NY

My husband's son's mother filed a peition to take my husband back to court for a modification of support. We went to the initial appearance and we are going for emancipation. He is 20 years old, working full time, etc. etc.

We just heard today that now she wants to withdraw her petition, but we are not sure we want to withdraw ours. We have a very good chance in getting this stopped altogether. The judge did not think kindly that she brought my husband back to court when the kid is going to be 21 in less than a year. Plus the fact she did not inform the Support Collection Unit, who their counsel represented her at the court appearance, that her son had a full time job earning almost $500 per week.

I am guessing this is why she is dropping her petition to modify in fear that she will end up with nothing.

Any advice, should we go ahead with the hearing and see what happens?

Thanks,

Well if the Judge grants the motion to with drawl , your husband may have to re Petition as the Petitioner , but as you can see the Judge isn't happy about this case since it won't be long till the 20 yr. old is 21 .

If the case goes forward , by all means go for the emancipation . At 500 per week , the 20 yr. old can support His/her self .

[NCPhelp]

We have already filed a petition as the petitioner for modification of support to terminate support payments on the grounds of emancipation and that he is working full time and earning $500 per week. After her lawyer received this is when we got word that she wanted to drop her initial petition starting this whole mess.

My husband wants to go forward with the hearing which is scheduled for February. We feel the judge will terminate child support payments at that time. It just seems pretty silly to continue when the kid is going to be 21 in 6 months from the court date in Feb.

The child is earning more than enough money to support himself, and I think this was the mother's last ditch effort to milk my husband for more money for the next 10 months. She is a very greedy woman. It just makes us wonder now that she is back pedalling and withdrawing her petition and wanting to leave things the way they are. Hmmmmm!! We want her to suffer a little here. It has been 20 years of hell with this woman and I think my husband paid his dues to her.

[BL]

Originally Posted by NCPhelp

We have already filed a petition as the petitioner for modification of support to terminate support payments on the grounds of emancipation and that he is working full time and earning $500 per week. After her lawyer received this is when we got word that she wanted to drop her initial petition starting this whole mess.

My husband wants to go forward with the hearing which is scheduled for February. We feel the judge will terminate child support payments at that time. It just seems pretty silly to continue when the kid is going to be 21 in 6 months from the court date in Feb.

The child is earning more than enough money to support himself, and I think this was the mother's last ditch effort to milk my husband for more money for the next 10 months. She is a very greedy woman. It just makes us wonder now that she is back pedalling and withdrawing her petition and wanting to leave things the way they are. Hmmmmm!! We want her to suffer a little here. It has been 20 years of hell with this woman and I think my husband paid his dues to her.

My husband's son's mother filed a peition to take my husband back to court for a modification of support.

So , you are saying both Parties are the Petitioner ??

In any event stick with the Court Date ...

[NCPhelp]

the mother initially filed the petition with the family court starting the proceeding of taking my husband back to court for a modification of support.

We appeared last week for the initial appearance and then our lawyer in turn filed a petition modifying support on the grounds of emancipation. It has been postponed for a hearing (trial) whatever you want to call it, but not until February. So when the mother got our petition that we are going for emancipating the 20 year old child, she then wanted to withdraw her petition of going through with the modification if we withdrew our petition of emancipating him. My husband has chosen not to withdraw our petition and to go forth with the court hearing that is scheduled in Feb.

The judge was not too happy with her that she never disclosed to support collection that her son had a full time job and was earning ~$500 per week. The lawyer from support collection turned to her during the proceedings, and said "Is this true" and she just shook her head. I am guessing this is why she is trying to drop the petition and leave everything the way it is, but my husband wants to get this done once and for all.

Thanks, I will keep you posted on progress.