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child support

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Karen1204

Guest
What is the name of your state? New York

Currently my husband and I live in Florida however, when he was married to his first wife they were married and divorced in New York so this is where everything is handled as far as child support amongst other things concerning the children. I'm hoping that someone can either help me or lead me with some advice or cases that may be similar to what we are going through. My husbands children are now 18, 16, 14 his eldest daughter age 18 has wanted nothing to do with her father ever since I have known my husband which has been 6 years. She refused to talk to him on the phone in writing or any other way she refer's to him as nothing more then a sperm donor and that's it. I understand that in the state of NY support is paid until the child reaches the age of 21 or gets married or has a full time job and no longer dependent on the custodial parent. She is only a Junior in HS so she still has one more year to go. My question is isn't there anything that can be done I mean to pay child support for a child that wants absolutely nothing to do with their biological father is hard enough but to pay support and not have anything to do with that child is even worse. Also the his Ex-Wife just sent his middle daughter who is 16 years old to live with us apparently she was having a problem and his ex called him on New Years Eve day to say that she couldn't take it anymore and was sending her to him to raise her temporaily or however long it took for her to straighten out and to pick her up at the airport in 4 hours. That was all end of conversation......He hasn't seen his children in over 2 years and before that was 5 years because his ex wouldn't allow it and here she is now living with us since Jan 1st and my husband still has the child support for her being deducted from his pay when she is not even living in NY with her mother. Any help would be so greatly appreciated. My husband loves all his children however he just doesn't think it is fair to pay child support A) for a child that wants nothing to do with him and she is 18 years old now so can't be forced and B) to pay support for another child that is currently living here with him. We just don't have the money to fly to NY to go to court or to obtain an attorney so I'm hoping something that can be done can be done by mail and by advice.
Thanks
 


If the Child Support is being deducted from his paychecks, is Child Support Enforcement doing this?
CSE is the county office.

If they are, call them up, ask for a modification based on the fact that the child is living with dad.

As for the oldest child, as long as she's in school. Your hubby should be paying support.
Obviously he's not done a great job at keeping the line of communication open with his daughter. Otherwise, he'd had filed a contempt charge for non-visitation against the mother years ago.
So, just pay the support for the oldest, I doubt anything can change with that. Support and visitation are two seperate issues.

Good luck
 
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Karen1204

Guest
Actually he has kept the line of communication open however, the mother didn't allow the visitation for all those years until the children got older and wanted to start seeing their dad but the oldest never wanted anything to do with him. Yes he actually tried to file a motion of contemp again they wanted him to appear in New York and at the time same thing funds were not available for that trip and they wouldn't allow anything to be done by mail. I thank you for your help and I did indeed contact the State of Florida seeing how the Child support enforcement takes the money directly out of his paycheck we will be able to file all the necessary paperwork at our local courthouse and file a motion for stop childsupport on the 18 year old. I read some cases on file that actually if the child agrees they want nothing to do with the non-custodial parent a judge can decide that the non-custodial does not have to pay child support for that child.
thanks for your reply
 

Kristyna

Member
If the child agrees? But your husband is paying child support to his ex, not to his daughter. What she wants probably won't matter.
 

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