Tuesday, February 18, 2014

Can a support magistrate legally determine emancipation?

Q:  dad stopped cs when my child went out of state to college at age 17 - turned 18 3 months later, comes home to NY every single break, works here during summer but when dad stopped paying child support as soon as child left for college, i took him to court and his attorney delayed court until child turned 18...then asked for child to testify - child said he felt like he lived in the other state where Dad happens to live although son in dorms at college not living with dad which son did testify to that...supp magistrate said son emancipated so dad never had to pay for him since college started and son was only 17 then...i appealed to family court and they agreed with sup mag...and although dad now makes $200,000 was 95,000 in 07 I make $25000 was $20000 i petitioned 2 modify support but lost

A:  David's Answer:  If more than 30 days have not passed since you've been served with the final order (along with notice of entry thereof), then I highly advise that you appeal. I also strongly urge you to schedule a consultation with a Family Law attorney in your area - if you've been representing yourself thus far, it's not working too well.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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