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Can my ex-wife get support? New York

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  • Can my ex-wife get support? New York

    First I'd like to say hello to all. I am new here but think this is a great place for answers. I have read through many questions and see that the answers given are well thought out. Now to my problem.........I'll try to keep it short.

    I live in NY. My son Matt is 18. He has not been living with me since the age of 16. He had numerous run-in's with the law, was arrested, did a short time in county jail. He then attempted to assault my wife (his step-mother). He then went to live with my parents. My father gained physical custody of him and I paid child support to my parents. Myself and his mother were given "liberal" visitation rights. His mother had supervised visitation when I had him since he was approximately 10 years old. She did not utilize it. I also have physical custody of my daughter whom my ex has chosen not to see or send presents or any contact at all in 5 years. Matt was on probation when he went to live with my parents. He violated that on many occasions. He skips school on a regular basis. He is a dianosed "Bi-Polar" and refuses to take his medication. He became verbally and somehat physically abusive with my parents. He violated probation again and moved out of my parents house and in with his "mother". My question is....his mother is now taking me to court for support. Do I have to pay her as the court order my father has states that he has physical custody? She works a dead beat job when she chooses to work. Lives in an almost condemed trailer, and allows him to drink and smoke. Matt was just released from county jail this past Friday as he had been charged with violation of probation and aggravated harrasment. The judge has extended his probation and how long he must wear the ankle bracelet. Before he was arrested he had missed 15 of the prior 21 days of school. Is he emancipating himself? My biggest concern is does his mother have a right to support if she does not have legal custody? I'm sorry if I have rambled. But after reading many of the posts on this forum I thought that if anyplace could answer my question it was here. Thanks to all of you in advance.

  • #2
    Originally posted by BiggT65 View Post
    First I'd like to say hello to all. I am new here but think this is a great place for answers. I have read through many questions and see that the answers given are well thought out. Now to my problem.........I'll try to keep it short.

    I live in NY. My son Matt is 18. He has not been living with me since the age of 16. He had numerous run-in's with the law, was arrested, did a short time in county jail. He then attempted to assault my wife (his step-mother). He then went to live with my parents. My father gained physical custody of him and I paid child support to my parents. Myself and his mother were given "liberal" visitation rights. His mother had supervised visitation when I had him since he was approximately 10 years old. She did not utilize it. I also have physical custody of my daughter whom my ex has chosen not to see or send presents or any contact at all in 5 years. Matt was on probation when he went to live with my parents. He violated that on many occasions. He skips school on a regular basis. He is a dianosed "Bi-Polar" and refuses to take his medication. He became verbally and somehat physically abusive with my parents. He violated probation again and moved out of my parents house and in with his "mother". My question is....his mother is now taking me to court for support. Do I have to pay her as the court order my father has states that he has physical custody? She works a dead beat job when she chooses to work. Lives in an almost condemed trailer, and allows him to drink and smoke. Matt was just released from county jail this past Friday as he had been charged with violation of probation and aggravated harrasment. The judge has extended his probation and how long he must wear the ankle bracelet. Before he was arrested he had missed 15 of the prior 21 days of school. Is he emancipating himself? My biggest concern is does his mother have a right to support if she does not have legal custody? I'm sorry if I have rambled. But after reading many of the posts on this forum I thought that if anyplace could answer my question it was here. Thanks to all of you in advance.
    You'll need to contest the support on the basis of ex needs to file to change custody first. You should get a consult with a local attorney though.

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    • #3
      Absolutly not! My father paid child support for me and my brother until he emancipated me (which I dont suggest doing) and then for my brother he moved out and lived with a friend at age 16. My father went to court and stopped all child support payments because my brother was no longer in my mothers custody.
      Tell the judge and your lawyer you are supporting your child whom is skipping from house to house because of his mental condition. Make sure you provide documents showing he has lived with you father and that it would be in your sons best interest if he continues to rezide with your father... Also, he is not going to college I assume, so I don't see how she can ask for support.

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