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Reged: 12/31/05
Posts: 10207
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Re: Child Support - Emancipaton and College
11/30/09 10:29 PM
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1. The ex is stating that I actually owe arrears as during the last 5 years I've been employed on and off and as a consequence, have paid 500 some months, 480 other months but 600 most months. We both agreed to downwardly modify the support obligation, but I neglected to go to court to get it done. She is now using that telling me that she'll bring me to court to state that I'm in arrears - keep in mind, it's been 4 years since the revised amounts were being paid with me paying 600 monthly the last two years.
>>>>>>>>>> The monthly amount due is 640.70 ( the weekly amount times 4.3 ) . The onus is on you to provide proof of payment .
2. If the court order (NY State) states that child support ends at 18 yrs of age, am I still obligated to pay it until they're 21 if they still live at home?
>>>>>>>>> Yes , no idea why your order states 18 as the age of emancipation , it's always been 21 .
If they attend college she is telling me that she'll go to court and they will make me pay half. I believe the kids should work their way through college as I did and would feel the same were we still all living under the same roof.
>>>>>>>>>> You may be ordered to pay .
Since my 18 year old went into the Navy in March, the fact that he comes back revives the original percentage to 29? He was earning an income and enlisted in the military - does that not make him an emancipated adult?
>>>>>>>> No , emancipation does not occur automatically , he would have to be declared emancipated by a judge . The obligation will continue till he's 21 .
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Careful. We don't want to learn from this.
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