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Are these grounds for child support termination in NY state?

New York, NY |

My son's grandmother is the one receiving the child support. She is on NY state assistance so the child support case was directed to the commissioner. I just became aware that my son no longer lives with his grandmother and she has moved to florida. The grandmother has left my son with his mother who has a history of mental illness and alcohol dependency. The grandmother has been convicted of section 8 fraud in april of 2012. Since my son no longer lives with the grandmother, she is in Florida and must be collecting NY assistance, she left the child with his mother, is this grounds for termination?

Attorney Answers 5


  1. That should be grounds to modify the order. You should speak with a local family law attorney quickly.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>


  2. Child support should be redirected to the adult who is caring for the child. I suggest you consider filing for a modification immediately.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  3. I'd highly suggest to do 2 things - (1) file a petition to modify the support order, and (2) file a custody petition. Assuming there was a valid reason the child wasn't with the mother in the first place, you may be putting the child at risk of harm if the child continues to live with the mother given what you've related. Ultimately the support court may simply change the payee (or recipient) of support, but not necessarily terminate it unless custody goes to you. Nevertheless, I encourage you to follow-up with a NYC Child Custody/Support lawyer.

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  4. Speak to a family law attorney about this issue. The support could be terminated as it relates to payments made to the grandmother, but if your son is living with his mother, the mother could file a petition for child support and receive payments from you. If you do not believe that the mother is a proper custodial parent for your son, you can file a custody modification petition requesting that your son primarily reside with you.


  5. It is grounds to change the receipient of the child support not to terminate if the child is still underage and attending school. Speak with a local family law attorney about the facts and the appropriate petitions to file.

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    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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