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A simple question New York

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  • A simple question New York

    I am re-posting this here since I didn't get any answers from the other thred

    My son is moving in with me , he is 18 and starts collage in Sept , I have agreed to allow him to use the CS I am paying his mom to go toward his half the rent.

    Do I need to do to get him Emancipation from his mom, so we can use the CS for our new place.?

    Or Do I need to simply submit a petition to get the CS order lifted?

    I know legally she cannot stop him, from moving we are more concerned about he playing games with the CS.
    Last edited by pastaman999; 07-02-2007, 08:21 AM. Reason: repost

  • #2
    To change any aspect of the CS order, you have to do it in court.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      May I ask, how long is he entitled to CS? Is this past due you are paying now? If it is past due only, you can not get it ever no matter what you do in court, it has allready been earned by your ex.

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      • #4
        Turbowray maybe it is mis-understood, I just need to get the CS order dropped when my son moves out , by law and stipulation of settlement if he continued to live with his mom, she would be entitled to CS until he was 21 or became emancepated. But like I said now he will be moving out and we will be sharing an apartment, His namewill be on the lease so legelly it will be part his place, there will be no more CP ro NCP as far as he and I are concerned . does that help.

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        • #5
          Is your CS through NY CSE or was it part of your divorce/custody settlement?

          Incidentally, as CS goes to 21 in NY, the other parent should be responsible for CS when your son moves in with you.
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

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          • #6
            mommyof4
            No I pay it directly, shelearned her lesson o that one, when th ecomputers mess up shegets nothing and its not my fault. ..
            Also Ijust want him away from her, I don't need nor do I want any money from her...

            Comment


            • #7
              Originally posted by cyjeff View Post
              To change any aspect of the CS order, you have to do it in court.
              I agree.

              Do it any other way and you are asking for trouble.
              “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

              --Benjamin Franklin

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              • #8
                Originally posted by pastaman999 View Post
                mommyof4
                No I pay it directly, shelearned her lesson o that one, when th ecomputers mess up shegets nothing and its not my fault. ..
                Also Ijust want him away from her, I don't need nor do I want any money from her...
                Even if you do not want money from her, if you do not want to give her money while he is living with you, you must go to court to let them know you are now caring for him, so she is not entitled to anything while this is happening. They may make her pay you, it is not entirely up to you. You can state you do not want any money from her, then they will decide.

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                • #9
                  Originally posted by seniorjudge View Post
                  I agree.

                  Do it any other way and you are asking for trouble.
                  I agree also! The poster needs the law on his side, and only through the courts can he have it, or it is fair game for all to screw one another.

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