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  1. #1
    sandrews35 is offline Junior Member
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    18 year moving out /? on childsupport

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

    My 18 year is looking for apartment to move out and I receive child support for her . Would it go to her or would it stop all together because she living on her own? How much I am responsible for her with her not living at home.(Medical,food, clothing,gas,.....)
  2. #2
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by sandrews35 View Post
    What is the name of your state (only U.S. law)? New York

    My 18 year is looking for apartment to move out and I receive child support for her . Would it go to her or would it stop all together because she living on her own? How much I am responsible for her with her not living at home.(Medical,food, clothing,gas,.....)
    Is the 18 yo attending College? Or just moving to "be free"?
  3. #3
    sandrews35 is offline Junior Member
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    Quote Originally Posted by Blue Meanie View Post
    Is the 18 yo attending College? Or just moving to "be free"?
    She a 12th grader in high school this year, got her liencse and I haven't seen her and told her if she can't let me know where sh'e at when driving and whom with that she doesn't need to stay and she's taking it as I am kicking her out but I told her to just check in with me but now she's looking for appartment , but doesn't plan on coming back home just to pick up clothes.
  4. #4
    CdwJava is offline Senior Member
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    How does she expect to pay for an apartment? Does she work?

    Unless the court order specifies that she gets support from dad at 18 when she moves out, if she is no longer your fiscal responsibility chances are that his child support to you will also end. Though dad may still CHOOSE to contribute to you or to his daughter should he wish to do so.
    A Nor Cal Cop Sergeant

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  5. #5
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by sandrews35 View Post
    She a 12th grader in high school this year, got her liencse and I haven't seen her and told her if she can't let me know where sh'e at when driving and whom with that she doesn't need to stay and she's taking it as I am kicking her out but I told her to just check in with me but now she's looking for appartment , but doesn't plan on coming back home just to pick up clothes.
    From what I know about N.Y. Support Law, you and Dad will have to pay support.
  6. #6
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by CdwJava View Post
    How does she expect to pay for an apartment? Does she work?

    Unless the court order specifies that she gets support from dad at 18 when she moves out, if she is no longer your fiscal responsibility chances are that his child support to you will also end. Though dad may still CHOOSE to contribute to you or to his daughter should he wish to do so.

    N.Y. is one of the few state that demand that BOTH parents support a child till 21. UNLESS said child is emancipated. Per the 2nd post of OP, I do not "think" this would qualify as emancipation.
  7. #7
    Rushia is offline Senior Member
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    Quote Originally Posted by Blue Meanie View Post
    N.Y. is one of the few state that demand that BOTH parents support a child till 21. UNLESS said child is emancipated. Per the 2nd post of OP, I do not "think" this would qualify as emancipation.
    She is living outside the control of her parents. Yes, the parents "COULD" have her declared emancipated.
  8. #8
    CdwJava is offline Senior Member
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    I'd say she fits the requirements to be declared emancipated. If she is out of the home and failing to heed her parents' reasonable requests, she can be considered emancipated. If the girl wants to play house, she can do so. Unless dad is contractually obligated to continue paying support, he will almost certainly move to discontinue that support.
    A Nor Cal Cop Sergeant

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    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Rushia View Post
    She is living outside the control of her parents. Yes, the parents "COULD" have her declared emancipated.
    It's not that simple.

    The parents could TRY to have the court declare her emancipated, but it's not at all clear that they would be successful:

    [url=http://minors.uslegal.com/emancipation/new-york-emancipation-of-minor-law/]New York Emancipation of Minor Law - Emancipation - Minors[/url]
  10. #10
    Rushia is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    It's not that simple.

    The parents could TRY to have the court declare her emancipated, but it's not at all clear that they would be successful:

    [url=http://minors.uslegal.com/emancipation/new-york-emancipation-of-minor-law/]New York Emancipation of Minor Law - Emancipation - Minors[/url]
    That's why I emphasized like this "COULD". If anyone cared to use the search function they would that this has been brought up before. I can only say that in my area it's fairly common that a judge grants the emancipation.
  11. #11
    BL
    BL is offline Senior Member
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    The 18 year old ( as an Adult ) could go out on her own .

    The parents can not stop her.

    I've cited the NY Emancipation link a few times just to give an idea of what emancipation involves .

    That link is for 16 - 18 yr. olds .

    Here the adult/child is 18 .

    CS support will certainly NOT go to the parent if the child no longer resides there . It will not go to the child .

    The court would most likely terminate the order .

    Even if she has no job and applies for State assistances the parents will not be summonsed for child support as the child is under no other legal guardianship or custody .

    Ya gotta hand it to NY though .
  12. #12
    PQN
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    Quote Originally Posted by OHRoadwarrior View Post
    If NY is like OH, your daughter may be kicked out of school. In OH, an 18 yr old, on their own, must prove themselves to be self supporting or they cannot attend school, absent an IEP.
    Can you post the law that says this?
  13. #13
    strongbus is offline Member
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    I would suggest that mom and dad read up on the NY laws for supporting a child over the age of 18 and under 21, as to what they are and aren't going have to help with. If NY is like ME then they may have to help her with stuff such as rent/basic bills(power/water/heat)/food/and other basic household items.

    I can't find a copy of the law but have seen it a few times when going to city hall and seeing people apply for General assistance for rent and food.

    I was in my towns city hall for new tags for my car and ta guy and his parents where in the next line applying for help for the guy's rent and when the teller found out the guy was 22 ask the parents if they had the money to pay the rent for the guy when told yes they made more then enough they where giving a copy of the law and was told that under ME law they had to help their son with such bills until he was 25 years old.
  14. #14
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by PQN View Post
    Can you post the law that says this?
    Do your own legwork. The law might be different in NY so my wasting time for you, won't help them.
    Last edited by OHRoadwarrior; 07-12-2011 at 10:06 AM.
  15. #15
    stealth2 is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    Do your own legwork. The law might be different in NY so my wasting time for you, won't help them.
    And your spouting off what you heard some clerk tell some stranger on what happens in OH doesn't help OP at all, either. So you can zip it, too.

    As others have indicated, there is a chance that OP's child will be emancipated due to living outside the care or control of her parents. It is, in fact, very possible.

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