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Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 29
Experience:  Family Law litigator for over 35 years
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My son is 23 and working, my daughter is 18 and not in

Customer Question

my son is 23 and working, my daughter is 18 and not in school, i owe 1700 arrears and i previously owed 16,000......my question is could the child support be cut off after i pay the arrears.....i am also on public assistance.
Submitted: 13 days ago.
Category: Family Law
Expert:  Sue replied 13 days ago.

Hello, I am a licensed attorney with over 35 years’ experience in family law. I am here to help you today. I’d like to review your question for a minute, type your answer and then I’ll be right back.

Sue

Expert:  Sue replied 13 days ago.

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Yes, most likely you can terminate your child support obligation, possibly even for your daughter. (In New York, usually child support obligations are to age 21.) You don't have to wait to pay off the arrearages to move for a termination of child support, at least for your son. You can file a motion in the family court where child support was awarded initially setting out the facts you cite in your question: your son is 23 and self-sufficient, your daughter is an adult and not pursuing further schooling and you are now on public assistance.

Although it may not work, you can ask the Court to waive the arrearages. It's uncommon, but it doesn't hurt to ask, and your situation is one the Court will see sympathetically, especially since you have paid off that large amount of arrearages in the past.

Here is a link to Do It Yourself forms on the New York courts' official website: http://www.courts.state.ny.us/courthelp/diy/familyCourt.shtml

The tool you'll want is the last one, "Support Modification Petition Program."

In addition, here is a link to all New York State child support forms: http://www.courts.state.ny.us/forms/familycourt/childsupport.shtml

The federal government recently adopted the Access to Justice initiative to make courts more user friendly. You may find your court's self-help option helpful. You can access it here: http://www.courts.state.ny.us/courthelp

Then under "Families & Children" click on "Support."

If you have other questions or I can be of further assistance, please reply to continue.

I hope I have given you good service today. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless you leave positive feedback. Thank you and best wishes,

Sue

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