Paying child support for an emancipated child

[Mike Harrison]

New York. My child is now 28 years old I've been paying child support since he was five. He joined the army at 17 he was discharged at 18. I was not made aware that he was emancipated and have been paying support for the past eleven years. Am I entitled to a refund. My x lied to the court when I asked her in the hearing years ago and I am now just finding out that he indeed was enlisted in the army at that time

 

[Just Blue]

New York. My child is now 28 years old I've been paying child support since he was five. He joined the army at 17 he was discharged at 18. I was not made aware that he was emancipated and have been paying support for the past eleven years. Am I entitled to a refund. My x lied to the court when I asked her in the hearing years ago and I am now just finding out that he indeed was enlisted in the army at that time

So you never motioned for CS to stop when kiddo turned 21? Why? Are you in arrears?

 

[xylene]

Your story is complex and has a lot of details, and you apparently want to reverse Child Support payments you have already made, the child in question is unusually old.

You need a lawyer.

 

[LdiJ]

New York. My child is now 28 years old I've been paying child support since he was five. He joined the army at 17 he was discharged at 18. I was not made aware that he was emancipated and have been paying support for the past eleven years. Am I entitled to a refund. My x lied to the court when I asked her in the hearing years ago and I am now just finding out that he indeed was enlisted in the army at that time

Are you talking about current support? If so, how could you not realize that you were paying support way past the age of majority? If you are not talking about current support then are we to assume that we are talking about arrears? In NY support goes to age 21 so a 1 year or less than 1 year interruption would not permanently emancipate a child. I suggest that you get a consult with a local attorney about the issue.

 

[Mike Harrison]

Are you talking about current support? If so, how could you not realize that you were paying support way past the age of majority? If you are not talking about current support then are we to assume that we are talking about arrears? In NY support goes to age 21 so a 1 year or less than 1 year interruption would not permanently emancipate a child. I suggest that you get a consult with a local attorney about the issue.

He joined the military and was caught doing drugs so he was discharged on other than honorable , because I got hurt at work I fell into arrears I went to a hearing to modify the support payments a downward modification which they granted me that was 10 years ago I fell 5 years behind When he was first born over the years I was paying 150 a week for one child at another hearing approximately 10 years ago I asked if my son was in the military because that is what I heard through members of his family ,in front of the hearing judge she said no he was never in the military I did not know because I did not have a relationship with him , thankfully I do today we are very close and I am about to settle my accident case and child-support is saying I/O them $15,000 Some people are telling me to just pay the 15,000 and move on but others are telling me when you do the math he is now 28 years old that I have overpaid by almost $70,000 I was so when he enlisted at the age of 18 he was emancipated from what I understand I don’t know why they didn’t stop support and apply the money towards the arrears I have clearly paid my arrears off , they are currently taking $528 a month from me from my workers compensation check they have been doing so for the past 11 years I don’t know if I should pursue it or not right off the bat I have to come up with $3000 to retain a lawyer which I don’t have It was my understanding that she should have told the court that he was in the military being I didn’t have any contact with him at that time and she said he wasn’t in the military at the time of the hearing so it was never pursued or looked into stupid on my part but nonetheless here we ar it was my understanding that she should have told the court that he was in the military being I didn’t have any contact with him at that time and she said he wasn’t in the military at the time of the hearing so it was never pursued or looked into stupid on my part but nonetheless here I am

 

[Mike Harrison]

He joined the military and was caught doing drugs so he was discharged on other than honorable , because I got hurt at work I fell into arrears I went to a hearing to modify the support payments a downward modification which they granted me that was 10 years ago I fell 5 years behind When he was first born over the years I was paying 150 a week for one child at another hearing approximately 10 years ago I asked if my son was in the military because that is what I heard through members of his family ,in front of the hearing judge she said no he was never in the military I did not know because I did not have a relationship with him , thankfully I do today we are very close and I am about to settle my accident case and child-support is saying I/O them $15,000 Some people are telling me to just pay the 15,000 and move on but others are telling me when you do the math he is now 28 years old that I have overpaid by almost $70,000 I was so when he enlisted at the age of 18 he was emancipated from what I understand I don’t know why they didn’t stop support and apply the money towards the arrears I have clearly paid my arrears off , they are currently taking $528 a month from me from my workers compensation check they have been doing so for the past 11 years I don’t know if I should pursue it or not right off the bat I have to come up with $3000 to retain a lawyer which I don’t have It was my understanding that she should have told the court that he was in the military being I didn’t have any contact with him at that time and she said he wasn’t in the military at the time of the hearing so it was never pursued or looked into stupid on my part but nonetheless here we ar it was my understanding that she should have told the court that he was in the military being I didn’t have any contact with him at that time and she said he wasn’t in the military at the time of the hearing so it was never pursued or looked into stupid on my part but nonetheless here I am

sorry I repeated myself I don’t know how that happened LOL my issue is can he be unemancipated

 

[LdiJ]

sorry I repeated myself I don’t know how that happened LOL my issue is can he be unemancipated

As I said, child support goes to age 21 in NY. The fact that he might have been emancipated for a year (or possibly less) from age 17 to 18 did not make him permanently emancipated.

Now, I can see where you might want to ask for an accounting of your arrears.

 

[Mike Harrison]

As I said, child support goes to age 21 in NY. The fact that he might have been emancipated for a year (or possibly less) from age 17 to 18 did not make him permanently emancipated.

Now, I can see where you might want to ask for an accounting of your arrears.

Thank you for your time and input

 

[stealth2]

Remember that those arrears accrue interest.