Weird Child Support Situation

[bignej]

I live in Virginia and I'm dating this woman who has 2 adult children (21 and 18). Each moved out to live in New York on their own. They were not forced out. The 18 year old recently became pregnant from some low-life and they live with his parents or grandparents. I dont know it changes every week. She then filed for New York public assistance. My girlfriend received a letter from New York social services stating that she needs to send support payments to the state as they now own the rights to the owed child support.

The emancipation age in Virginia is 18 and in New York it is 21. The kids moved out while they were residents of Virginia. The father (who never paid support) does live within 30 min or so in New York and also received a similar notice. My gf and the 2 children lived in VA for about 10 years before they moved out though the original child support agreement was in New York. The father signed off rights for them to move away to VA. I'm thinking my gf shouldn't have to pay anything. When she called the social services they kept repeating to her that the child lives in New York and don't seem interested in the "how". I'm insisting she speak to a lawyer.

Has anyone heard of something like this before? I mean what is to stop any 18 year old from another state from moving to New York just to get child support for a few years?

[MacroGuru]

I will answer as best as I can. I am not a lawyer, just a father that went through the child support process here in NY within the past year.

In NY you are responsible for the child until they turn 23, my understanding was this was only IF they lived with a parent. If they choose to move out and live on their own after 18 you are no longer responsible for them.

I would have your GF call and speak with a lawyer ASAP, although in this state they will probably want their hourly fee for the consult instead of something free.

If this isn't the case, I am going to be paying child support for 15 more years instead of 10....

[bignej]

Originally Posted by MacroGuru

I will answer as best as I can. I am not a lawyer, just a father that went through the child support process here in NY within the past year.

In NY you are responsible for the child until they turn 23, my understanding was this was only IF they lived with a parent. If they choose to move out and live on their own after 18 you are no longer responsible for them.

I would have your GF call and speak with a lawyer ASAP, although in this state they will probably want their hourly fee for the consult instead of something free.

If this isn't the case, I am going to be paying child support for 15 more years instead of 10....

Thanks for the input. The part that gets me is that my gf has not been a resident of NY for 10 years. The kid was a resident of Virginia until she moved out at 18. If the kid had stayed in VA, she would be on her own. Its the fact that she moved back and then applied for assistance that is causing the problem.

[MacroGuru]

Originally Posted by bignej

Thanks for the input. The part that gets me is that my gf has not been a resident of NY for 10 years. The kid was a resident of Virginia until she moved out at 18. If the kid had stayed in VA, she would be on her own. Its the fact that she moved back and then applied for assistance that is causing the problem.

Absolutely and this state is messed up this way.

[Noop]

Contact an attorney. Child support is not something you want to deal with, without the assistance of an attorney.

[corbes]

Originally Posted by Noop

Contact an attorney.

+1

[EagleFan]

I'll echo the call a blood sucking spawn of satan (attorney) sentiments...

Though I was so hoping this was going to be the next "how to fudge a bank statement" thread but it turns out to be a legit thread.

[stevew]

Weird Child Support Situation
Man Plans To Jump Off Mt. Everest....

Sounds about right.

Hope your girl can get this sorted out. How much are they trying to shake her down for, ballpark? Like a used car payment, a nice car payment, or a house payment?

[bignej]

Originally Posted by stevew

Weird Child Support Situation
Man Plans To Jump Off Mt. Everest....

Sounds about right.

Hope your girl can get this sorted out. How much are they trying to shake her down for, ballpark? Like a used car payment, a nice car payment, or a house payment?

The paperwork says 17% of total income. We can call it a pretty nice car payment.

[stevew]

jesus