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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42860
Experience:  30 years as a family law lawyer .
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I have a child support order in NY State, Delaware county,

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I have a child support order in NY State, Delaware county, with no “end date”. My son (Curtis) is 19 and attending collage. He has been living with my sister since I had to move to Louisiana for my job in June of 2007 after Curtis graduated high school. He took a year off between High School & collage due to a trauma in his life. His best friend was killed in a car accident. He worked during that time earning about $400/month or less, but he is attending collage now. I paid all his bills including his rent, cell phone, & car insurance & health insurance during this time & still do. My ex husband is trying to reclaim the child support he paid from June of 2007 – December of 2008 claiming Curtis was emancipated. I can prove I paid the bills for my son. Also all of his collage loans are based off my income.
My question:
Is Curtis really “emancipated” in 2007 & 2008 if I continued to pay his bills and he is under the age of 21?
Thanks for your question. The only way your ex can get money here is to argue emancipation to the judge. You can argue against it if you supported him. But he wasn't in school here and the judge might have a tough call here overall. The fact he is back in school is good thing here and support your position that he wasn't emancipated.

You will have to argue here to prevail. It will be close and contested here. You have facts to present including current enrollment here to argue for continued support. I think you might get a break here with the court. He waited too long to file here. His best shot was when he wasn't enrolled.I hope that you prevail here.
RayAnswers and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
So are you saying he is or isn't considered eman
This will be a fact issue the court decides. You argue he wasn't becasue he wasn't self sufficient here. Unless he court disagrees here and makes an emancipation finding and an effective date then you win and continue to get support here. I think you will win here because he had a better argument when he wasn't in class. But future support may hinge on this so you want to contest it all the way..Make sure your lawyer responds here in writing..