Legal Question in Family Law in New York
termination of child support
In my divorce decree dated 4/3/98 I was ordered to pay support to my three children through an income execution order. One of my children will turn 21 in the near future. What action, if any, do I need to take to insure the support does not continue to be taken out of my payroll check for this child?
1 Answer from Attorneys
Re: termination of child support
You may file a Petition or Motion (in Family or Civl Supreme Court), to terminate support for your 21 yr old child and to downwardly modify your existing child support order.
HOWEVER, such a petition, could result in your child support "dollar amount" obligation remaining the same; or a Court Order for Upward Modification of your child support obligation.
Please note: the child support you will be ordered to pay, for your 2 children, under 21, will NOT be based upon your 1998 divorce, but upon your current (2007) income and resources, pursuant the CSSA, and its amendments.
To Wit: 25% of $200.00 = $50.00 Whereas,29% of $100.00 = $29.00
Good luck,
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