Legal Question in Family Law in New York

NYS- NCP (father) paid CS to CP. Child after graduation moved out of Mom's home, father filed for child to be emancipated and CS terminated. This was granted. Child moved in with Father in different state Ohio. Father with the advice of lawyer said he should file for CS through NY. Mother hasn't spoken to child since child moved out (5 months). A week before court Mother starts talking to child again. Tells child to move out of father's home (where child has established residency, has been going to college FULLY supported ONLY by father), and get her own apartment. Mom is going to help her get her own apartment. This is all because father filed for CS. Question is- CS hearing next week if child moves out (which is likely), can the Mom ask for CS in NY even though the child was already emancipated and support terminated, and the child's residency is no longer NY but OH? I am ONLY asking this because child has PT job but will HAVE to get some kind of help from her Mom (and her Dad would continue to help as well) to live. Child's job of $120/wk will not fully support her.


Asked on 11/05/10, 4:53 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

I do not understand how either father or mother may obtain child support if the child is deemed emancipated. I would think that this issue has already been adjudicated by the court. Therefore, both petition and cross-petition should be dismissed.

Mike.

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Answered on 11/10/10, 5:59 am


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