Legal Question in Family Law in New York
I have been paying child support for approximately eight years to an ex-wife who does not work and collects public assistance. The child is now nineteen, has not finished high school and about to start working full-time. A couple of years after I began paying support I remarried and had another child (who is now three) with my second wife. Both have had serious health issues since the birth. Do I have any recourse in recouping, lowering, or eliminating the child support payments before the nineteen year old reaches twenty-one.
2 Answers from Attorneys
You may argue that your child is now emancipated and economically independent (working full-time), but the health issue may be an obstacle. In any case, you would need to file a petition to lower child support.
i agree with the prior attorney's answer but I would include that you want to file a petition for a downward modification as soon as your child starts the full time job. As for the condition of your current wife and child, it is irrelevant for the purposes of child support.
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