NYS Child Support Law

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Latest post Tue, Jan 24 2006 8:01 PM by denandmarty. 5 replies.
  • Sun, Jan 8 2006 11:57 AM

    NYS Child Support Law

    I am required by NYS to pay child support until age 21. However, NYS itself considers minors to be adults at age 18. NYS Foster Care is stopped when the minor reaches 18, as does Guardianship, as does NYS Child Health. So if the state isn't willing to pay minors until they are 21, why should non custodial parents carry the burden unless these young adults are in school or college.
    Does this bother anyone else besides myself? I urge non custodial parents, write the govenor, write anyone you can!

    I would also accept any advice or help from anyone that can help with this situation.

    My daughter in NYS turns eighteen Jan 27, 2006. She has not been in school since the tenth grade. Her mother is telling her to not work because she get the highest amount of child support required by law and wants her to live off that until she is 21.
    I cannot believe NYS allows this. Every other state that requires support until age 21, as far as I know, education is required for them to continue collecting after 18.
  • Sun, Jan 8 2006 3:24 PM In reply to

    Feedback [*=*] re: NYS Child Support Law

    My experience is that when a child turns 18 and goes on to college - child support is continued until that child is 21.

    If a child does not attend school/college after age 18 - and is employed with benefits, ie: self-supporting, the NCP has petitioned the court and had their child support discontinued.

    If a child does not attend school/college after age 18 - and is employed part-time - the child support continues.

    My experience is based on friends of mine who have had all three situations.

    I happen to be a CP - however - I believe there is justification to 'support' a child until age 21 who is not self-sufficient, but not because of their own laziness. If they are attempting to gain work skills, or seek work that can allow them to support themselves, but just can't due to whatever circumstances - I think both parents need to continue to support their child.

    My son is 18 - and about to enter a four-year college program. He certainly cannot support himself and both his dad (the NCP) and myself fully intend to help him through college so he's not saddled with big student loans upon graduation. He's made us proud - and I don't think he's entitled to this - but we want to do it because we believe it's the right thing to do.

    How do you know that your child's mother is telling your child 'to not work'? What parent would encourage such a thing in such a tight work market? Do you have opportunity to speak to your child about his/her future and help her face the real world?
  • Sun, Jan 8 2006 8:56 PM In reply to

    re: NYS Child Support Law

    I have spoken to my daughter, and her mother. Her mother allowed Cher to quit school in tenth grade, when she turned 16. While her mother would like her to get her GED, Cher wants to get a job. However, her mother is telling her not to, because I pay so much in child support, she feels she'll be better off living off the child support rather than getting a job.

    Meanwhile Cher isn't doing anything, and from what she tells me, doesn't plan on doing anything because of the child support.
    This information is from conversations with both mother and daughter. They know the law, they know my hands are tied and because the law is what it is, she doesn't have to do anything to collect the money until she is 21. Its perfectly legal.

    I feel its terrible that Cher can be allowed to basically sit home and do nothing to advance her future, because I am paying her way. It does nothing for her.

    If she were going to school, or college, I would not be against supporting her until she is 21.

    As far as I know, other states that allow child support until the age of 21, the young adult has to be in some sort of school. Also, I'd like to point out that according to NYS Foster Care, 18 is considered an adult and they are no longer supported by NYS and able to stay in Foster Care, they can go into a group home and even then they have to go to school or get a job. They are expected to help themselves. Same with Guardianship, at 18 they are considered an adult. As far as I know, even NYS Child Health stops at 18 unless they are in school.

    NYS doesn't want to support kids unless they are under 18, or helping themselves by furthering their education, yet a non custodial parent is expected to, even if all it does, it encourage a child to not grow up and face resposiblity.
    I have made my feelings known to both the mother and my daughter, and I've been told they know the law, and they can do this. And they are right, they can.
  • Mon, Jan 9 2006 5:05 PM In reply to

    re: NYS Child Support Law

    Custody for all states ends at age 18. For New York, a parent is obligated to pay child support through the age of 21. There is no requirement that a child be in college either.

    I have yet been able to come up with an adequate explanation as to why there is a discrepancy between the two, especially since the child support statute expressly uses the terms custodial and non custodial parent.

    This is not an issue for the governor, changing the support laws is up the state legislature.

    J. Douglas Barics
    www.jdbar.com

    J. Douglas Barics

    www.jdbar.com

     

  • Sun, Jan 22 2006 12:05 PM In reply to

    • ssrinny
    • Not Ranked
    • Joined on Sun, Jan 22 2006
    • Posts 1

    Sad [:(] re: NYS Child Support Law

    Why is it that NY has the highest everything -- except for wages ?? I think that all NCP's need to band together and, contact the legislators and, try to get this changed !! I have 4 children, of which I pay support for. They are my kids, I have no problem with that !! My 19 y/o son, graduated high school and, is working full time. My 18 y/o old daughter dropped out of school. Neither of them is even living at home yet, to my knowledge, there's nothing I can do about lowering support payments. My ex spends it on her husband ( who's employed full time) rather than the kids anyhow. I buy everything for them !!
  • Tue, Jan 24 2006 8:01 PM In reply to

    Question [=?] re: NYS Child Support Law

    We recvd a call from the Gov office yesterday, saying they have read our emails and would like to make a suggestion.
    While the law is what it is, and we cannot change it anytime soon...the woman on the phone did say we can request a court hearing for modification or emmancipation, and it is entirely up to the judge wether he allows emmancipation, or lowers the support.

    To us, this is a scary situation. If the judge feels she is entitled and should get the maximun child support without having to go to school or work, we pay anyway. I guess this means the situation does not change.
    However,
    Its not like if you disagree with what a judge tells you, you can just request another judge. Not in family law. I suppose we could appeal, and keep bringing them to court, but chances are good, that will just irritate the judge. And its a waste of court time.

    My only real worry over this, is if we do go to court specifically for modification or emmancipation, or both. Can the judge decide to increase the child support? Right now it is based at $80,000 which is usually the most they base it on. But in the law it does say they can decide to go higher.

    I'd hate to be punished for doing what I feel is right.

    I wonder, if you were in a Judges chair...and heard my story:

    She is 18. She has not been in school since 10th grade. She has been arrested twice. She does not work, or go to school. Nor does she plan to. (we have emails from the mother to back this up) should she be allowed to vegitate for another 3 years?

    IF you were the Judge, what would you do???

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