Stopping Child Support in New York

[hlpnoutdh]

Hi.  My daughter is 17 and BM has custody.  BM lives in New York and I live in New York.  In New York child support is paid until child is 21.

I just recently found out that my daughter is in California with new 25 yr old boyfriend and has been for several weeks (I haven't seen my daughter in quite some time-Alienation of Affection).  Child Support is still being deducted from my paycheck and being sent to BM.  

I have filed for a motion to modify, but that can take weeks.  I can't afford an attorney at this point.

1.  Do you have any suggestions on how I can get this stopped immediately

2.  What other actions should I be taking?
 
Thank you!!!

[socrateaser]

>1.  Do you have any suggestions on how I can get this stopped
>immediately

You'd have to appear on an ex parte (one party) motion for emergency relief on grounds that you will suffer irreparable harm if your support payments are not stayed until final determination at a hearing.

In order to prevail you would need credible third party proof that the child no longer resides with the custodial parent, because if the child is simply on a vacation (or, she lies to the court and says that she is), then the court may deny your request, absent any better proof.

I think I would have waited at least a month and then filed for the emergency relief. That way it would be more difficult for the custodial parent to deny that the child had moved out. But, you've filed so that option's off the table.

If you prevail, then the court will order the other parent to reimburse you. As a practical matter, however, collecting will be nearly impossible, because non-child support debts are very hard to enforce.

One idiosyncracy of NY support law is that a child can be emacipated by the court prior to age 21, and then unemancipated again, if the child cannot self support. So, I wouldn't get your hopes up too high, because the other parent may convince the child to return to NY just long enough to make it look to the court like the child still lives in NY with the custodial parent.

However, if you can get a utility bill or if you send certified mail return receipt to the child's new address, and she signs for it in CA, then you would have proof that the child intends to make CA her home, and that proof would be a winner.

[hlpnoutdh]

Dear Socrateaser,

Thank you so much for your response.  Here are a couple of more facts:  I have no idea where my daughter is at or her boyfriend's name.  BM won't tell me.  

I know she's around San Diego and I know he's in the Navy.  

She's been gone for about a month now, and I so I know I can show that she's not been in school.  My son told me that the school calls for her everyday.

1.  How can I prove, then, where she is?

Thank you!

[socrateaser]

>Dear Socrateaser,
>
>Thank you so much for your response.  Here are a couple of
>more facts:  I have no idea where my daughter is at or her
>boyfriend's name.  BM won't tell me.  
>
>I know she's around San Diego and I know he's in the Navy.  
>
>She's been gone for about a month now, and I so I know I can
>show that she's not been in school.  My son told me that the
>school calls for her everyday.
>
>1.  How can I prove, then, where she is?

Subpoena the custodian of records for the school to produce your daughters attendance records and enrollment records.

You can also request a copy of the child's records under FERPA, and that may get you past the preliminary hearing, but ultimately you will probably need a representative from the school to testify, unless the BM caves in and admits that the child is out on her own.