CJNCP
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Reged: 11/30/09
Posts: 11
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Child Support - Emancipaton and College
11/30/09 10:29 AM
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I have quite a few issues and the ex is throwing them all at me at once.
My court order for custody was finalized in NY in 1998 after losing my battle for custody of my three kids. Their mother received custody and I was ordered to pay child support in the amount of $149 per week. This was the last support order and it has not been modified. My kids are now 18, 16 and 14, with the 18 year old enlisting in the Navy in March 2009 and then returning this past week with a medical discharge. Here are my questions:
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.
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? 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.
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?
Any and all help would be appreciated as reasoning with the ex (even paying her extra here and there) is not doing anything - she seems hell bent on taking me to court telling me that she'll win in the end.
I want to avoid court at all costs as well as this friction, but cannot pay out anymore than what I am paying her above the current obligation (which, btw, is more than the last court ordered child support). I would do anything to help my kids out, but there has to be some reason and I cannot risk not making my own mortgage and other monthly payments.
Thanks,
CJ
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