Saturday, July 12, 2014

I am the custodial grandparent of my college senior grandson. Both of his parents are living, and paying child support to me.

Q:  The court magistrate in Putnam County awarded my grandson child support and college expense. My daughter is taking me to court to have this order abandoned as my grandson is now 21. He has one more year of college left and now no support. What can I do, what laws will help him. I have had to use the P C 111 G attorney. He tells me to have my grandson increase his loans. He lives with me and I have had physical custody since 2007. My daughter was in a hurry to divorce, and did not do a separation agreement to protect my grandson all of his young life, now this. Is there any recourse for him. The magistrate awarded separate child support and seprate college expense both parents are under court ordered support.


A:  David's Answer:  If there is no valid, written agreement signed by the parents extending support beyond the age of 21, then the Magistrate does not have the authority to extend support beyond the age of 21. Age 21 is the statutory age of emancipation in NY. For a full assessment, schedule a consult with a Putnum/Westchester Family Law attorney.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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