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clearly this woman is just venting her frustrations and anger on the people of this community.  

Find yourself an atty who's certified in family law

//www.aaml.org/directory.htm

Good prior advice about getting your parenting plan in writing at the same time, tie up all your loose ends.  It sounds to me like someone is talking in this mom's ear and giving her ideas.

Make your parenting plan specific.  AVOID language like "liberal visitation as agreed upon by the parties" as you'll see in the future, soon, the parties don't agree and since possession is 9/10's of the law, the noncustodial parent loses out on seeing their child and you'll be back in court for friggin' ever.

Here are some sample of parenting plans for you to print off and take to the atty with you.  Go in asking for everything and get as much as you can in the beginning.  If you think you'll go to court later and try to get more time, GOOD LUCK, ain't gonna happen.  It's near impossible to get more later...that's the reason most of us are on this board.

http://www.deltabravo.net/custody/pplan3.htm

http://www.deltabravo.net/custody/pplan4.htm

http://www.deltabravo.net/custody/pplan8.htm

Good Luck

AMEN!  Glad to hear this!  I think Soc gave you great advice, dont' bend on this at all.

I read what Soc advised you......consider this....would the mom be able to guilt the child into living with her since college is so close?  under the guise that if mom doesn't get CS, mom can't pay her half of tuition?

I found some info regarding emancipation in NY.  Also in NY, the CS payment must be made to the CP, not to the child, so that wouldn't be an option.

This child is emancipated.  Maybe consider hiring a PI to verify this.  Maybe also see about subpoening the child's rental agreement for their apartment.  Take a picture of the doorbell/mail box to prove the child's living there.  Send the kid flowers to the address and have him sign for it on the weekend as proof of living there (consider it a housewarming gift).  ;-)

Definition of Emancipation (this is good)

http://www.empirestatecoalition.org/emanc.html

Emancipation: Under New York law, child support must be paid to the age 21. If a child marries, enters. the military or become self supporting, the court may consider the child emancipated and child support cannot be commenced in this court.

http://forms.lp.findlaw.com/form/ courtforms/state/ny/ny000433.pdf

Emancipation and New York Child Support

http://www.jeanmahserjian.com/new-york-child-support.html

New York child support is paid until the child reaches the age of 21, unless the child is emancipated earlier.  What constitutes emancipation is a case by case factual determination.  A child attending college away from home is not emancipated.  A child not attending college, living at home and working full time may be emancipated.  New York child support cannot be terminated simply because a parent believes their child is emancipated.  A decision must be obtained from the Family Court or Supreme Court to stop the child support payments.

http://www.divorcenet.com/states/new_york/nyfaq01/view

When are my children emancipated, so that I am no longer obligated to support them?

A parents liability for the support of his or her children is limited to children under the age of 21 years. In the absence of an express or implied contract, parents have no duty to support an adult child. For custody, visitation and other purposes, the age of majority is age 18, but for purposes of the parental support obligation the age of majority remains at 21. The mutual parental duty of child support is not absolute. It may be suspended or terminated before the child is 21 if the child becomes emancipated by becoming economically independent of his/her parents through employment, by marriage or entry into the military service. Under unusual circumstances, a child may be deemed emancipated if he/she is guilty of outrageous misbehavior, such as makes it inequitable to enforce the support obligation, or if without cause, he/she withdraws from parental control and supervision.

I understood that in NY, CS is paid until 21 if the child is still in college.  If the child is 18, not in school, and supporting themselves, living on their own, you're not responsible for CS.

I'm sure your DH is just preparing for the worst and hoping for the best.  Probably based on prior experience, I wouldn't blame him.

http://www.vitalchek.com/region_overview.asp?region_id=39

Under FERPA, even if you DH did not have joint legal custody, he's entitled to information with regards to his minor children (being in high school at the time).

You'd need to write a letter to the school or school district and ask for written confirmation that the child graduated with a diploma.  Try to modify this letter

http://www.deltabravo.net/custody/recrequest1.htm

a copy of his birth certificate, high school diploma

My DH just renewed his professional license several weeks ago.  I did it for him online.  One of the questions was regards to child support.  If he had an arrearage, he could not have renewed his license.  Without his license, he could not work....period.

We don't have an arrearage but for grins and giggles, I called the License Renewal and they stated he would have to pay his entire arrearage to get his license renewed.  I created a scenario for them, stating the court was aware of the arrearage and his was current with his repayment plan.  Didn't matter that it was all he could afford, still had to pay the arrearage in full to get his license.

Thank God it wasn't applicable to us.

But this lien on arrearage, as many of you know, falls way beyond just professional licensing.  You can't get driver's licenses, license plates or your income tax refund.  Even if you're current on your arrearage repayment plan through the court, when the opportunity arises, you get everything taken from you.

Now this is where it gets interesting.....

Although my DH pays CS, he had an overpayment of over $5000 because of a retroactive filing.  In March 2004, he filed for a reduction.  Mom fought it to trial, the final order, entered in our favor was received last week.  So between child support and child care over the past 16 months, mom owes us $5000.

So we have to wait for repayment at $200/mo for the next two years of so.  I called the state.  There is no lien against this mom's income tax for our overpayment because she's the custodial parent.  Mom can still have her license renewed and the plates renewed on her car.  Mom can still get her teacher's license renewed.

The hypocrasy of this double standard has got to end.  How many noncustodial parents never receive their refund when they wait for it when their child turns 18?  Many states won't even let a NCP get their abatement from when the children were in their care until child support obligation is done.  Do you think these CP pay them back?  Without the same diligence in laws available for NCP like going after licenses and income tax refunds...of course not.

I found this on the internet

http://www.courts.state.ny.us/courthelp/faqs/childsupport.html

Q. How old does a child have to be before child support ends?

A. In most cases, 21. If a child is under 21 and is either married, self-supporting, or in the military, a parent doesn't have to pay child support.


Q. Is there any other reason why child support might end?

A. A child between 17 and 21 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid.