Child Support at 18 - Brooklyn,NY

I think if you can prove the daughter is not living with the mom that he might have a case to stop paying. But the law usually says if the child is in college the mom can get child support until 22 or 24.

Depends on the judge.

If he is paying college costs and other fees then he still may have a case. For instance, if the daughter is living at home and a full time student then the mom qualify's for child support with him ONLY paying the child support. If he is paying for any part of the education I would think the judge would take that in to consideration and at the very least adjust the child support to be less since he's paying more education costs.

Who file the support papers? Was it the mother, or the grandmother? I have read through a few of the responses (not all) and I must say, that some well meaning ladies may have given you misinformation. I worked in child support enforcement for 10 years for a contract attorney representing custodial parents for the State of FL. We dealt specifically with inTER-state child support (meaning one party resides in one state and the other party resides in a different state). Every state has different laws regarding how long support is required. It is true that MOST states require it through age 18, or up until 19 so long as the child is a student in high school not yet graduated. However, there are a few "oddball" states (and I believe that NY is one of them) that support continues until age 21. There can also be additional requirements regarding health insurance, medical reimbursement and college expenses depending on the state in which the order is entered and the specifics of each particular case.

Please consult with an attorney familiar with the laws of your state and the laws of the state which ISSUED the support order (they may not be the same, if the parties were divorced in NJ but then moved, for example). Without a copy of the support order(s) in that particular case, none of us can tell you exactly what is required. However, that said, the mother has no standing to file for support if she is not the custodian of the child. The grandmother, however, can.

No "child support" after age 18 or until graduates high school. But, do their divorce papers state anything regarding college tuition? mine states we both are responsible for half of in state tuition.

I think she will be a little disappointed in the outcome . . .

My ex-boyfriend's mom did not receive child support when he turned 18 and went to college. At that point she was not entitled to receive support for her adult son. However, they did stipulate in the divorce that his father would pay % of tuition at instate colleges and a different % for private colleges, while she would be responsible for supplies and such. But, as far as actual child support, she did not receive anything. If he already gave her financial information to apply, I don't think you all have much to worry about.

Check NY support laws, NY had some strange laws, but typically child support ends when the child turns 18. The exception would be if the non custodial parent owes the custodial parent back support, then the non custodial parent is required to continue to pay until the back support is payed off. I would however recommend consulting and attorney just in case. Also, if the mother is saying it's because the daughter wants to go to college and says the father won't pay, but he really will pay, keep paper documents of all things related to that and bring them to court with you. There is nothing better than a paper trail.

Doesn't work that way. When the child is 18, child support stops. It doesn't matter if they want to go to school or not. There is no law that says parents HAVE to pay for their child's education... The child support is to SUPPORT the CHILD... NOT pay for school for an adult. When my little sister turned 18, (youngest of my mom's living children) she didn't have to pay my dad at all. Didn't matter at all that my sister was going to college. Heck, she absolutely refuses to help with college at all! She won't even give my sister her information to help her qualify for grants. Once the child is 18, the parent is has no more legal obligations.

Did you all by any chance have some sort of arguement during the summer, which caused her to move out? Maybe someone got angry and said something they shouln't have? I don't know how long child support goes for, but you can look it up on the internet. . If you aren't on speaking terms you'll all have to confront your stepdaughter and resolve the underlying problems. Good luck.

Was college agreed upon in the original paperwork? If so the courts will probably hold him to it. Find those papers & look over them with a fine tooth comb...

I believe NY is different. They will order child support for over 18, and college tuition on top of it. If the "child" is not living with the other parent, then the child gets the child support. Reserch NY child support laws.

Every state has different child support laws. I know the laws in our state just changed to say that if the child is a full-time student then child support continues until the child is 21. If they are not attending college then support ends at 18. I think the mother is probably needing some extra money.

My understanding is that at age 18, she is an adult, so there is no more child support. And if it was an issue of college, nobody is required to pay for it for her.

just as the others have said, my husband's child support ends when his daughter turns 18... at that age the "child" is a legal adult, so pretty sure no parent is entitled to support, especially if the child doesn't live with them. I did hear of a case where the courts legally required the father to help the mother pay for at least a portion of college tuition, but it was established when the child was still a minor (and the money didn't go to the mother, it went directly to the school)... and i don't know how likely that is, i bet they'd look at his income and his ex's income first and do it fairly.
Good luck!

the age that child support stops should be stated in divorece papers and he should stick to that. usually 21 if full time student unless something else is written

I have two kids and I know this to be true.
Child support ends when a child turns 18 or graduates high school (if the child turns 18 before they graduate).
There is no enforceable support after that.
There is no law that states a parent has to fund a college education either.
Or give a grandmother money for the support of a kid.
At 18, the person is old enough to get her own job and pay her own way.
That's the way it works.
I think it's great your husband is going to help with her with college, but beyond that, there is not way to extend "support" by the legal definition.

I don't think your husband's ex will get very far with this endeavor. I'm surprised they granted the paperwork and filed a date based on her motion.
I'm 100% sure it will be denied.
(Unless he owes back support or something).

Best wishes.

It depends on what his divorce papers state. Child support in most states ends at 18 unless the child is still in high school. Some divorce decrees will stipulate that support continue while the child goes to college up to a certain age.

Again, we are all just arm chair lawyers here, some of us having gone through a divorce in different states. The big question, again, is what does his divorce decree state.

It's unlikely that a judge would change support orders at this late stage of the game. Sounds like the ex is making a fuss for nothing.