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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32386
Experience:  JD, 17 years legal experience including family law
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I live in NY state. My daughter is 19 years old and pregnant.

Resolved Question:

I live in NY state. My daughter is 19 years old and pregnant. I am currently unemployed. My daughter is unemployed and will not get a job. I need to move in with my oldest daughter to help care for their infant. My 19 year old daughter will not go with me. Am I required to provide an apartment for her and her baby until she is 21, or can I tell her that her and her boyfriend need to get jobs and take care of themselves?
Submitted: 5 years ago.
Category: Family Law
Expert:  Tina replied 5 years ago.

Thank you for contacting our JA team for guidance.

If you are not order to pay child support for her, which would terminate at the age of 21 in New York, you are not legally required to provide for her. She and her boyfriend should try to find employment and support themselves.


Please let me know if you need additional information.

 

Best regards,

TK

 

 

Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.

Customer: replied 5 years ago.
My ex husband pays child support for her, if I need to move, should I try to cancel the child support we receive, and tell her to find employment and her own place? If I move and she refuses, do I have any legal obligation to her?
Expert:  Tina replied 5 years ago.

I see. If he pays child support, you should turn over the money you receive from him to her. No, you should not cancel the support. In fact, a court would not do so unless she is legally emancipated. You don't have any legal obligation to her beyond your ability to pay. Since you are unemployed yourself, you are not obligated to pay her anything beyond the support that is received from your ex.

 

 

Customer: replied 5 years ago.
Our court papers say that we receive support until she moves out of my house or she gets a full time job, or goes to college full time. I would be leaving her and moving. If I am reading the court papers correctly, I need to cancel the support checks...am I wrong?

She will not get a job and support herself....

Will the state of NY come after me for not supporting her if she applies for assistance?

I appreciate your help and am sorry for all the questions! It is just very stressful right now!!!
Expert:  Tina replied 5 years ago.

I understand. Then the court order would be controlling, not the default state law of 21. However, she does not appear to be voluntarily moving out as this language contemplates. She is being forced out because you cannot afford to care for her any longer, so under the decree the child support should still not terminate.

 

The state could request that a judge order that you pay child support as well. However it is based on your income, so it would likely be little or nothing if you cannot even support yourself.

 

All the best to you and your family!

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32386
Experience: JD, 17 years legal experience including family law
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