Are you financial obligated to pay child support for an emancipated adult (age 19)in MA who decides to move and reside in NY?

Asked about 1 year ago - Utica, NY

Over 7 years ago I surrendered my adoptive rights back to the department of social services for my niece that became extremely rebellious, making it difficult for me to care for. She is now 19 and aged out of the DSS system at 18 in MA. She decided after living with her boyfriend and living on her own VIA an independent living program to leave Boston with boyfriend (age 20) and with her 1 year old child to pursue her Bio mom in NY. She collected welfare in the state of MA while living in NY and recently applied for welfare in the state of NY Utica for her family of three. I received a summons order for child support for her family entire family which includes her boyfriend and child. She has an apt in NY where she is the head of Household. They allegedly are saying that the boyfriend is di

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not sure why you would be summoned since you gave up your rights. Consult with a local family law attorney. Also, normally parents and not aunt's are responsible for child support.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  2. Sean Patrick Lewis

    Contributor Level 17

    2

    Lawyers agree

    Answered . Not sure if this applies, but see page 22, just above "food stamp benefits".

    http://otda.ny.gov/programs/applications/4148B.pdf

    Q.
    How Long Does A Parent Have To Pay Child Support?
    A.
    A
    parent has an obligation to pay child support for a child u
    ntil (s)he is 21 years of age. After the child reaches 21 years of
    age, the parent remains obligated to pay only past
    -
    due support/arrears.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . Just because you received a summons does not mean there is a viable case. However, NY sets age out at 21 so people flock here to work the system.

    As I understand it, your niece, her boyfriend and their baby sought welfare and their local DSS is seeking money from you.

    The way I understand Article 4 of the Family Court Act, you should have liability for this family. The FCA requires non-custodial oarents to pay support to the custodial parent for their child. Aunts don't count and the father of the child cannot tap into your reserves to fund his activities.

    Tell this to the court if the court will listen. There is a zeal in getting dead beats to pay up so don't get caught in the politics of the moment. Hire a lawyer.

    Good luck.

  4. Marco Caviglia

    Contributor Level 19

    Answered . You may have several defenses. The one that comes to mind particularly is that the child under NY could be seen as having constructively emancipated herself while in Mass and if that determination applies to you by subrogation, you should have no liability despite SS' position. Obtain consultation with your local counsel to better define and address the issue.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,527 answers this week

3,075 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,527 answers this week

3,075 attorneys answering