Custody Issue

[Michael262]

I filed Form GF-40 in Suffolk County Family Court to change custody of my son who turns 18 in another month. He will be attending college near me in the fall and wishes to live with me. Yesterday I received a notice that my petition was rejected because "As of his eighteenth birthday on (date), the subject child is no longer under the jurisdiction of Family Court with regard to custody and visitation."

What is my next move? I pay child support through the NY State Child Support system so this would have to be adjusted through the courts. Can I do this without an attorney? Do I need to hire one? Thank you.

 

[MorgansDaddy]

He will be a legal adult before you could make it through court even if you were not rejected. Child support will stop once the child turns 18 OR graduates depending on when each happens. Of course this is assuming you are not in arrears. Once he is 18, he can chose to live anywhere he wishes. There really isn't anything I can think of that the courts can help you with here.

 

[Michael262]

Thanks Morgan for your response. Child support ends the later of when he turns 18 or graduates college but not later than 22. I am not in arrears for child support. As payments are made through the NY State Child Support system and not directly to my son's mother, I need any change to go through the court system. I should not be paying child support for him once he moves in with me. I have another son as well who also lives with his mother (same mother). again, child support needs to be adjusted accordingly.

 

[MorgansDaddy]

I am assuming that he is getting ready to finish high school in a matter of weeks, so around the same time he turns 18. So the child support should stop for his portion. Your biggest problem is that it will be over and done before the court could get to your case. Besides waiting a month, contact your child support agency to make sure there isn't anything else you need to do to drop to only paying the portion for the younger child after the older child becomes an adult.

If there is another change, such as in your income and so on, you could try filing to modify the current support order in regards to the younger child only. This is only possible with that all important change, again, such as your income.

 

[army judge]

Not so fast, OP, in your state you could be stuck paying child support until the"kid" turns 22.

You might wish to consult a lawyer and have your existing order reviewed.

NY is one of a handful of state's that extracts child support payments to support ADULTS!!

I'd make an appointment with a lawyer for an initial consultation. They are normally given without charge. But, you can get an idea if the nightmare isn't over until Junior turns 22!!!!

YES, they'll eagerly continue ripping you off, even if Junior resides with you. It might be possible to receive some form of offset, if he does. Remember, that ADULT support will continue to go to the custodial parent.


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[Rushia]

Not so fast, OP, in your state you could be stuck paying child support until the"kid" turns 22.

You might wish to consult a lawyer and have your existing order reviewed.

NY is one of a handful of state's that extracts child support payments to support ADULTS!!

I'd make an appointment with a lawyer for an initial consultation. They are normally given without charge. But, you can get an idea if the nightmare isn't over until Junior turns 22!!!!

YES, they'll eagerly continue ripping you off, even if Junior resides with you. It might be possible to receive some form of offset, if he does. Remember, that ADULT support will continue to go to the custodial parent.


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That is correct! NY declares a person an adult at age 18 where custody and visitation are no longer a concern BUT you pay support to 21 (last I knew). You have to file to stop the support since your son will be living with you.