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Old 12-08-2009, 02:04 PM
 
Location: Massapequa, NY
1,056 posts, read 2,139,545 times
Reputation: 58

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Quote:
Originally Posted by I_Love_LI_but View Post
I thought the age of emacipation was 18 years old in NYS. Don't kids who are in foster care age out of the system at that time?

I think there is some variance in individual divorce decrees as agreed to by the judge and divorcing parties. For example, my dad paid until age 23 and provided health insurance for those attending full-time college.

Is this 19 year old still in school? If the divorce decree says she will receive it until the age of 21 on the condition that she is in school, having a baby should not matter either way as long as she stays in school.

she is in college still. but if she drops out, under the terms, the child support can be stopped.

thanks for the help!
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Old 12-08-2009, 02:15 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,292,576 times
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Quote:
Originally Posted by KENNY GUIDO View Post
she is in college still. but if she drops out, under the terms, the child support can be stopped.

thanks for the help!
Please remind your friend that now, more than ever, this girl NEEDS an education since she is a single mother. I would encourage her to finish school so she can be self-supporting in the future and not "bounce back" to the household of your friend or his ex-wife. Better to spend the child support now than to have a daughter and grandchild who are on and off homeless because she cannot earn enough to support herself and her child.

PS: She should also be educated on the fundamentals of reliable birth control.
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Old 12-08-2009, 10:59 PM
 
Location: Inis Fada
16,966 posts, read 34,702,389 times
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Quote:
Originally Posted by nancy thereader View Post
I believe that New York is one of two or three states that has the parents wait for emancipation until the child turns 21. There are cases where a child's behavior has caused him/her to be self-emancipated though. This might be one.
That would be something along the lines of a PINS Petition.
New York City Family Court
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Old 12-09-2009, 06:24 AM
 
Location: Massapequa, NY
1,056 posts, read 2,139,545 times
Reputation: 58
Quote:
Originally Posted by I_Love_LI_but View Post
Please remind your friend that now, more than ever, this girl NEEDS an education since she is a single mother. I would encourage her to finish school so she can be self-supporting in the future and not "bounce back" to the household of your friend or his ex-wife. Better to spend the child support now than to have a daughter and grandchild who are on and off homeless because she cannot earn enough to support herself and her child.

PS: She should also be educated on the fundamentals of reliable birth control.
I told her to get an education and use it. she says she has smartened up alot since having the child. I also reminded her to have safe sex!
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Old 12-09-2009, 08:13 PM
 
151 posts, read 367,432 times
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She needs to go to court and make that deadbeat support their child, then the burden won't be on Grandpa
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Old 12-10-2009, 04:49 AM
 
Location: Suffolk County, NY
874 posts, read 2,874,390 times
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I actually pay child support. I am divorced and have since remarried. I pay child support to my ex for my daughter. Myself and my ex do not hold any animosity towards each other which makes my situation easier than that of many others. With that being said I would like to comment on a few of the things I have read here.

For one thing, your friend would have to read his divorce stipulation through to see when he would be allowed to stop paying his child support. The stipulations are clear on these issues and you just have to read it thoroughly. It is not loaded with legal jargon so any person can read it and understand it without having to hire a lawyer to decipher it. There is no set standard for when child support can be stopped so reading the divorce stipulation is a must. Although there is no set standard, the most often found rule is that child support is given until the child is 18, drops out of school or gets married. My divorce stipulation is written in such a way that I pay child support until my daughter is 18 years of age unless she goes to college at which point I pay child support until she is the age of 21. If she gets married or drops out of school or moves out on her own, the child support stops.

Now, dman72 had stated “Wouldn't that "friend" want to help out his daughter being that she's in a tough situation? Legally, I don't think he has to.” I would just like to say that everyone should keep in mind that the child support does not get handed to the child. The child support gets handed either to the mother or father depending on whom the child lives with or which parent has custody. As I have said, I have no problems with my ex and she does the right thing by my daughter so I do not worry about her getting the money and using it accordingly. There are many people who pay child support that feel that the money is not being used for the child but rather the adult that is receiving the child support. Basically, just because someone like Kenny Guido’s friend would like child support payments to end does not mean that he would not help his daughter with any bills or other money issues she may have. He may simply want to stop having to hand money over to his ex wife feeling that it is not being used for his daughter. Regardless of what age I stop paying child support, my ex gets the money, it is not given directly to my daughter by myself at any point. Please keep this in mind when people say they want to be able to stop paying child support. This DOES NOT mean in all cases that they want to stop providing for their child; it does mean that they no longer want to hand the money to their ex hoping that it is used correctly for the child.
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Old 12-10-2009, 04:51 AM
 
Location: Suffolk County, NY
874 posts, read 2,874,390 times
Reputation: 474
Quote:
Originally Posted by Baldyone View Post
She needs to go to court and make that deadbeat support their child, then the burden won't be on Grandpa
The burden would not be on grandpa anyway. He does not pay extra child support because his daughter had a child. He is not obligated by law to support the grandchild in any way.
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Old 12-10-2009, 08:54 PM
 
151 posts, read 367,432 times
Reputation: 131
Quote:
Originally Posted by Egobop View Post
The burden would not be on grandpa anyway. He does not pay extra child support because his daughter had a child. He is not obligated by law to support the grandchild in any way.
It seems that is what the op's friend was worried about.I know it isn't his responsibility but, if the girl is that much smarter now, she'd be in the first thing smokin to family court
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