Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
I'm really sorry to hear about your husband's troubles. I know that it can be quite a burden to pay for children in a prior marriage, and also to pay one's current spouse and children.
With regard to the daughter who is 18, your husband may petition the NY court to terminate child support. Having said that, the court may order that he continue paying if she is attending college. It depends on the specific facts and the judge who hears the case. But it's certainly worth a try. Something else that your husband may consider is filing in Georgia to have jurisdiction switched from NY to Georgia since that is where the children reside. It doesn't sound like NY is the proper venue anymore, since neither your husband, nor the ex wife, nor the children actually live there. Child support can be more lenient in Georgia than in NY. But until Georgia is requested to take jurisdiction, then NY will continue to have jurisdiction, and the Georgia courts must enforce the NY order.
I strongly suggest that your husband spend a little on an attorney right now to get the case transferred. It would be money well spent. The attorney should be located in Georgia (not NY or Florida).
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.