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?
Divorce / Separation Lawyer
If emancipated, then file a petition in family court to terminate child support as soon as possible.
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5 lawyers agree
Family Law Attorney
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!
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1 lawyer agrees
Family Law Attorney
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.