Receiving child support for 3, but my 18 yr-old moved out.

[Parent of 3]

What is the name of your state (only U.S. law)? New York, NY

Should I help her out monetarily with child support payments I am receiving for her? Or should I wait until dad petitions to terminate payment?

 

[Just Blue]

What is the name of your state (only U.S. law)? New York, NY

Should I help her out monetarily with child support payments I am receiving for her? Or should I wait until dad petitions to terminate payment?

Does Dad know that 18 year old is not in your home?

 

[LdiJ]

What is the name of your state (only U.S. law)? New York, NY

Should I help her out monetarily with child support payments I am receiving for her? Or should I wait until dad petitions to terminate payment?

Whether or not you should help her out is a parenting decision and should be based on the totality/details of the situation.

Also, please do realize that child support is not evenly divided between the number of children supported. If dad files to emancipate her that does not mean that the child support will be reduced by 1/3. It means that the child support will be recalculated based on the reality at the time. Dad's current income and your current income would be used to calculate a new child support order for the remaining two. That could mean any number of things, child support could actually go up or it could go down.

 

[TinkerBelleLuvr]

Actually, NY is a percentage of income from the non-custodial parent - mom's income does NOT play a part in support for the two children that are underage.

Is the 18 year old self supporting or is he/she attending college but not in the home?

 

[OHRoadwarrior]

NY is an age 21 state. I think mom should help her at or above the amount she is receiving until dad takes steps to terminate. It is noteworthy that 18 yr old can thwart dads attempt to terminate by counter-filing for support to be direct to them.

 

[justalayman]

to me, the bigger question is:

is what the 18 yo did meet the requirements of self emancipation? If not, both mom and dad are liable to pay the 18 yo child support. If so, then given it is a change of circumstances and I presume you are required to inform the father of such changes of circumstances, I would simply tell dad the 18 yo moved out and let him decide if he wants to seek an amendment of the order. After informing him of the change of circumstances, the money is yours. How you spend it is your choice.