What's gonna happen?

[BuffaloBill]

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

This is kinda long so bear with me.

Son went into Army boot-camp 9 days after graduation, he is still 17yrs old, requested a termination of support based upon this. Ex-wife stated in court that she would accept the termination if he was able to pass the physical to get into boot-camp and actually left the state. He passed all physicals and was sent to boot-camp. All paperwork received by myself and my companies payroll department stated that order has been terminated.

Just received a call from my son, while he is in basic training, and they are going to release him due to an unforeseen medical problem. He might have the ability to get back into the service but he would need rehabilitation first and be given a medical OK/waiver. He is waiting to be released and then sent back to NY to his home. He says that he wants to get right back into boot-camp at his first opportunity but in the mean-time he wants to go to college.

Here are my questions:

1. Is he emancipated and unable to collect child support ? I ask this as I was told that once he is enlisted and is sent to boot-camp he would be emancipated.

2. When he does get home, can his Mom re-petition the court for child support again or does the premise of emancipation still apply?

3. I read everywhere that a child in NYS receives child support until 18 or 21 if they are full time in college. He would not be able to get into classes until Jan 2009. Would he still be able to receive child support even though he was not in school at the first opportunity for fall classes?

I am trying to get informed on these matters before hand.


Thanks for the replies.

[stealth2]

Given that this is an unanticipated situation and one due to no fault of his (or Mom's), I would prepare - if I were in your shoes - for the judge to reinstate support.

[BuffaloBill]

Originally Posted by stealth2

Given that this is an unanticipated situation and one due to no fault of his (or Mom's), I would prepare - if I were in your shoes - for the judge to reinstate support.

Would that be until his is 18? or if he does get into a community college beginning of next semester after his 18th, would my obligation continue to pay after his 18th?


thanks

[happybug]

NY is a 21 state. What did your original order state? It should say 18 or 21.

[stealth2]

No one can tell you what a judge will rule. I suspect a judge may well rescind the emancipation and reinstate your financial obligation until he is 21. But maybe not. Perhaps you should consult a paid lawyer to see what the odds are of your continuing to be off the hook.

[LdiJ]

Originally Posted by BuffaloBill

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

This is kinda long so bear with me.

Son went into Army boot-camp 9 days after graduation, he is still 17yrs old, requested a termination of support based upon this. Ex-wife stated in court that she would accept the termination if he was able to pass the physical to get into boot-camp and actually left the state. He passed all physicals and was sent to boot-camp. All paperwork received by myself and my companies payroll department stated that order has been terminated.

Just received a call from my son, while he is in basic training, and they are going to release him due to an unforeseen medical problem. He might have the ability to get back into the service but he would need rehabilitation first and be given a medical OK/waiver. He is waiting to be released and then sent back to NY to his home. He says that he wants to get right back into boot-camp at his first opportunity but in the mean-time he wants to go to college.

Here are my questions:

1. Is he emancipated and unable to collect child support ? I ask this as I was told that once he is enlisted and is sent to boot-camp he would be emancipated.

2. When he does get home, can his Mom re-petition the court for child support again or does the premise of emancipation still apply?

3. I read everywhere that a child in NYS receives child support until 18 or 21 if they are full time in college. He would not be able to get into classes until Jan 2009. Would he still be able to receive child support even though he was not in school at the first opportunity for fall classes?

I am trying to get informed on these matters before hand.


Thanks for the replies.

Yes, mom could re-file for child support, and would receive it.

[BuffaloBill]

After going over my divorce decree and support decree, I see no mention of when child support stops in verbiage. When he reaches the age of 18, is not in college and does not have a full time job, does the obligation to age 21 still remain intact?



Thanks

[stealth2]

Originally Posted by BuffaloBill

After going over my divorce decree and support decree, I see no mention of when child support stops in verbiage. When he reaches the age of 18, is not in college and does not have a full time job, does the obligation to age 21 still remain intact?



Thanks

You REALLY need to read the NYS CS guidelines - they are readily available via google. Unless your son is legally emancipated, CS goes until the age of 21 in NYS. Period. College has nothing to do with it. A job would only come into play if he were fully self-supporting and you had him legally emancipated. Yes, military service would be an emancipating event, however, you yourself hve posted that he has been found unable to complete boot-camp due to medical issues. So, it is perfectly reasonable for Mom to file to have CS reinstated and the child's emancipation rescinded as he is NO LONGER EMANCIPATED!

Why don't we cut to the chase - why are you so eager to cut your son off?

[BuffaloBill]

Originally Posted by stealth2

You REALLY need to read the NYS CS guidelines - they are readily available via google. Unless your son is legally emancipated, CS goes until the age of 21 in NYS. Period. College has nothing to do with it. A job would only come into play if he were fully self-supporting and you had him legally emancipated. Yes, military service would be an emancipating event, however, you yourself hve posted that he has been found unable to complete boot-camp due to medical issues. So, it is perfectly reasonable for Mom to file to have CS reinstated and the child's emancipation rescinded as he is NO LONGER EMANCIPATED!

Why don't we cut to the chase - why are you so eager to cut your son off?

All I am doing is asking questions regarding my situation. I googled and found this forum so I figured i would ask here first.

also WHY are YOU shouting at me? Is this the way you treat all people who come to the forum?

And to cut to the chase, it's none of your business why I am asking. I was just looking for answers because I am not knowledgeable on these matters.


Thanks

[LdiJ]

Originally Posted by BuffaloBill

All I am doing is asking questions regarding my situation. I googled and found this forum so I figured i would ask here first.

also WHY are YOU shouting at me? Is this the way you treat all people who come to the forum?

And to cut to the chase, it's none of your business why I am asking. I was just looking for answers because I am not knowledgeable on these matters.


Thanks

We are all volunteers here. None of us get paid for giving advice. The reason why someone wants to do what they are asking questions about is usually quite relevant. It usually makes a big difference in the legal advice that should be given.

Bottom line for you, mom absolutely can request to have CS reinstated, and absolutely will get CS reinstated if she asks. Your son is no longer emancipated, and it was through no negligent action of his own. It was due to a medical condition.

[BuffaloBill]

Originally Posted by LdiJ

We are all volunteers here. None of us get paid for giving advice. The reason why someone wants to do what they are asking questions about is usually quite relevant. It usually makes a big difference in the legal advice that should be given.

Bottom line for you, mom absolutely can request to have CS reinstated, and absolutely will get CS reinstated if she asks. Your son is no longer emancipated, and it was through no negligent action of his own. It was due to a medical condition.

I thank you for the response. All I wanted was clarification on the current laws regarding CS in NYS and my particular situation.

[stealth2]

Well, then - your questions were answered, weren't they?

And boy-o, you haven't heard the start of shouting. The caps I used were for EMPHASIS. Next time, take the attitude and pay for advice.

[BuffaloBill]

Originally Posted by stealth2

Well, then - your questions were answered, weren't they?

And boy-o, you haven't heard the start of shouting. The caps I used were for EMPHASIS. Next time, take the attitude and pay for advice.

You certainly have a chip on your shoulder that's for sure.

[stealth2]

Originally Posted by BuffaloBill

You certainly have a chip on your shoulder that's for sure.

Not really. I just get tired of people who refuse to actually read the responses they receive (you got the correct answer in each of them, btw), refuse to do their own research (HAVE you google for NYS CS Guidelines?), and THEN come back with attitude. So you may as well pay someone for the input. At least they'll get something out of it.

[BuffaloBill]

Originally Posted by stealth2

Not really. I just get tired of people who refuse to actually read the responses they receive (you got the correct answer in each of them, btw), refuse to do their own research (HAVE you google for NYS CS Guidelines?), and THEN come back with attitude. So you may as well pay someone for the input. At least they'll get something out of it.

So by me asking more specific questions each time, I have the attitude? You need to push away from the keyboard and read a book on etiquette.