Monday, December 17, 2012

Child support when does it stop?

In the divorce decree it states that my ex should give me $475 each month for the two kids. In the state of NY it is until they are 21 years old. One child will reach 21yrs old six yrs before the other one does. will he continue to give me the $475 when only one child will be under age of 21, also how can I get him to support them until they finish college which they wont finish by age 21 due to career choice.

Additional information

the divorce paper says "ordered and adjudged that defendant shall pay the plaintiff the sum of $447per month for child support commencing on the first of each month. it also says that the family court shall be granted concurrent jurisdiction with the supreme court with respect to the issues of maintenance, child support, custody and visitation". It say nothing about age only the part of health insurance talks about age of 21 . Can I still get him to help with college expenses even if I am earning more than he is.
 

A: David's Answer: In part, the answer to your question depends on what state issued the divorce decree. Assuming it was New York, then one would also need to know whether the child support provision in the decree was based on a stipulated agreement, and if so, whether the child supper was "allocated." In other words, did the agree provide a certain about for 1 child and another amount for the 2d child, or did the agreement at least say it was subject to modification when 1 child reached 21.  -- David Bliven


Additional Q: it just says ordered and adjudged that defendant shall pay the plaintiff the sum of $447per month for child support commencing on the first of each month. it also says that the family court shall be granted concurrent jurisdiction with the supreme court with respect to the issues of maintenance, child support, custody and visitation. what does this all mean
 
 
A: David's Additional Reply: The first part means its unallocated, but if its just an order but not a written agreement, this shouldn't pose a problem. The part about concurrent jurisdicition simply means you have a choice to file in either Family Court or Supreme, but its often faster & cheaper to file in Family Court. That said, I continue to advise you to bring in your paperwork to a Bronx Co. Child Support lawyer as no definitive opinion can be rendered without a review of same.  -- David Bliven

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