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Old 03-20-2008, 01:31 PM
 
3,542 posts, read 9,454,669 times
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The OP is seeking legal presidence in this matter. Please stay on topic.

Thank you
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Old 04-08-2008, 04:09 PM
 
226 posts, read 312,604 times
Reputation: 94
If she is a full time student, I think you are still required to pay until she is 23
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Old 04-08-2008, 07:35 PM
 
Location: Baltimore, MD
897 posts, read 2,461,123 times
Reputation: 188
What is child support?
Child support is financial support provided by the non-custodial parent. Child support includes

Cash payments (based on the parent's income and the needs of the child)
Health insurance for the child (medical support)
Payments for child care, and
Payments for reasonable health care costs that are not covered by health insurance.
Family Court officials (Support Magistrates) determine the amount of child support the non-custodial parent will pay (see how much, below). Under New York State law, parents are responsible for supporting their child until the child is 21 years old...https://newyorkchildsupport.com/cust...nt_info.html#1

I am sure if you have more question you can call Child support division of nys or a lawyer. I am also sure that if you have the court order it probably has the terms of conditions attached to the courts ruling.

Here is New York state law on child support.
Laws of New York (broken link)
§ 240(1) "Basic child support obligation" shall mean the sum derived by
adding the amounts determined by the application of subparagraphs two
and three of paragraph (c) of this subdivision except as increased
pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) "Child support" shall mean a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid
agreement between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years.
(3) "Child support percentage" shall mean:
(i) seventeen percent of the combined parental income for one child;
(ii) twenty-five percent of the combined parental income for two
children;
(iii) twenty-nine percent of the combined parental income for three
children;
(iv) thirty-one percent of the combined parental income for four
children; and
(v) no less than thirty-five percent of the combined parental income
for five or more children.
(4) "Combined parental income" shall mean the sum of the income of
both parents.
(5) "Income" shall mean, but shall not be limited to, the sum of the
amounts determined by the application of clauses (i), (ii), (iii), (iv),
(v) and (vi) of this subparagraph reduced by the amount determined by
the application of clause (vii) of this subparagraph:


What I see is that the state does not care what the situation is; the child is to receive benefits till 21 years of age. It makes no reference of the status of the parent because the order is entered into agreement between the parent that is to pay child support and the court that is protecting the interest of child till the age of 21 years.

If you are the primary parent now does the court recognize this. You may need to rework the argreement with the court.

§ 663 b. A student shall be considered emancipated if:
(1) The applicant is a student who was married on or before December
thirty-first of the calendar year prior to the beginning of the academic
year for which application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth prior to
the academic year for which application is made or is a graduate
student, and who, during the calendar year next preceding the semester,
quarter or term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
(i) has not resided and will not reside with his or her parents for
more than six weeks; and
(ii) has not and will not receive financial assistance or support
valued in excess of seven hundred fifty dollars from his or her parents;
and
(iii) has not and will not be claimed as a dependent by either parent
for purposes of either federal or state income tax; or
(2) The applicant has reached the age of thirty-five on or before June
thirtieth prior to the academic year for which application is made; or
(3) The applicant was enlisted in full time active military service in
the armed forces of the United States and has been honorably discharged
from such service, provided, however, that the applicant has not and
will not be claimed as a dependent by either parent for purposes of
either federal or state income tax.
c. In making a determination of where a student resides for the
purposes of item (i) of subparagraph one hereof, the president may
consider such criteria as he deems appropriate. Residence by the student
in an apartment, building, or other premises owned by a parent shall be
considered residence with that parent, for the purposes of this section,
even if the student makes payment therefor in the form of rent or other
considerations......continues on

Last edited by shibainu; 04-08-2008 at 08:00 PM..
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Old 04-09-2008, 12:09 AM
 
Location: Long Island,New York
8,164 posts, read 15,175,988 times
Reputation: 2534
Try calling legal aid or the district attorney's office;they should be able to direct you but I have heard in the past that if a kid wants to go to college the parent is responsible. When college is over then the support ends.
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