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Paying more child support for a 20 yr.old who has a 40 hr job, owns car, and her sibling resides with me.

Owego, NY |

how would I do this a modification for emancipation, we went to court for this in febrary 2013 and child support was raised then petitioner dropped it back to were it was. is this legal to do this?

Attorney Answers 3


  1. If emancipated, then file a petition in family court to terminate child support as soon as possible.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. It sounds like you really should get some help from a local attorney because if your statement above is accurate, the child probably is emancipated and you probably should not be paying child support. If this situation is new since you were in court in February, then you can file a modification and seek to have child support terminated. If this is the same situation as in February and somehow in February you failed to prove that the 20 year old was emancipated or otherwise didn't get the proper message across to the court, then an attorney can help you fix it now. Good luck!

    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. The kink in the law at work against you is that New York requires you, the obligor parent, to prove by a preponderance of the evidence that a child emancipated. That's why all of us recommend you speak with a lawyer about this matter.

    Otherwise, the custodial parent is not going to cut her money line by agreeing with you that a child left and is working fully. Who is going to waive away a tax free stipend? Would you?

    It is your burden to gather up documents and materials and present these to a support magistrate. Get the child to come to court to testify on your behalf which I doubt she will. Moms have a way with their children so as to stay out of litigation.

    Good luck.

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