Child moves out... can support go directly to him?

[ancalagonblack]

What is the name of your state? NY

NY is a state where support goes to 21. If the child moves out of the CP's home at the age of 18, when he reaches legal majority, not to go to college but to be independent, can the final 3 years of support be paid directly to the child? If so, how does the NCP get that change made?

Thank you.

 

[LdiJ]

What is the name of your state? NY

NY is a state where support goes to 21. If the child moves out of the CP's home at the age of 18, when he reaches legal majority, not to go to college but to be independent, can the final 3 years of support be paid directly to the child? If so, how does the NCP get that change made?

Thank you.

If the child moves out and is independent, then it possible that the child can be emancipated and child support could cease entirely.

 

[ancalagonblack]

Really, if he moves out of his mother's house to get a job, he could no longer be eligible for child support? I did not know that. Without involving him, could the NCP initiate support termination if the child moves out? What kind of proof would be involved? If not, can the NCP just get the checks sent to him at his new address, written to him and not his mother?

 

[Just Blue]

No. Until the "child" is emancipated the check MUST got to the CP as stated in the child support ORDER.

 

[BL]

You would have to file a modification for termination based on the fact the child moved out , is not in school , and is no longer under the care and control of their parents ,

 

[ancalagonblack]

Hmm, well, now I'm confused. baystategirl says the child has to be legally emancipated for the support to go directly to him or be terminated, whichever is the correct outcome. I'm not clear on if he should continue to get the support if he's on his own. Should he? Or does emanication legally end the support obligation?

BL says I have to file termination papers, but does not mention emancipation as a prerequisite for this to happen. Is emancipation a discrete legal process that my son would have to initiate for himself, or does it happen automatically once he moves out, gets an apartment, full-time job, etc? If it happens automatically, do I need any evidence to file for the termination of support? I could and would still help him out financially when/if he wanted/needed $$$, but would terminate the court ordered support if it is legal and feasible to do so.

Thanks again for clarifying this.

 

[BL]

Hmm, well, now I'm confused. baystategirl says the child has to be legally emancipated for the support to go directly to him or be terminated, whichever is the correct outcome. I'm not clear on if he should continue to get the support if he's on his own. Should he? Or does emanication legally end the support obligation?

BL says I have to file termination papers, but does not mention emancipation as a prerequisite for this to happen. Is emancipation a discrete legal process that my son would have to initiate for himself, or does it happen automatically once he moves out, gets an apartment, full-time job, etc? If it happens automatically, do I need any evidence to file for the termination of support? I could and would still help him out financially when/if he wanted/needed $$$, but would terminate the court ordered support if it is legal and feasible to do so.

Thanks again for clarifying this.

While there are no emancipation laws in NY per say , each cases is decided on it circumstances .

You have to file a modification of the Order .

This is a guide to what it takes .

http://www.empirestatecoalition.org/emanc.html

http://www.nycourts.gov/courts/nyc/family/vid_wyntk.shtml

 

[Zigner]

Furthermore - the phrase "emancipation" in this context may be different than in another context

 

[ancalagonblack]

Thank you for your informative answers. I appreciate the help very much.

In this case, if he is 18, he is not a minor who would need legal emancipation, correct? The link above talks about a child over 16 but under 18. The second link didn't have anything that pertained to a child over 18 being emancipated.

In most contexts an 18 year old high school graduate not living with parents and working full time is not a minor... except when it comes to child support. That doesn't seem right to me. I want him to have it and cut out the 2 middle men, NYS and his mother. I also don't want to antagonize his mother, though. I figured it would be easy enough (if not automatic) to get the payments sent to him, or to end them and just give him money as needed. I guess it's more complicated than that.