Should I file for modification of a child support orderor should I wait forex-husband to do it, if my children’s living arrangements have changed?

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Should I file for modification of a child support orderor should I wait forex-husband to do it, if my children’s living arrangements have changed?

I have resided in FL for the past 5 years and have a NY custody order for my 3 children, ages 18, 18 and 16. I am aware that NY states the legal age of emancipation is 21. The problem is that my 18 year old twins decided to move into my mother’s house on their 18th birthday. I called NY child support and they advised that either I or my ex (who lives in NY) could request a modification, but until then, the order stands. Will I be responsible for returning the money I recieved?

Asked on January 7, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would consult with an attorney in your area as soon as you can.  It sounds as if your ex agreed to all of the arrangements that you made over the last five years: the move and paying support to you while you were in Florida.  Not having a formal modification, though, was foolish in the event that your ex wanted to stick it to you.  You can agree to the past and memorialize it in a modified agreement before the court which is what you need to do asap. As for returning the money you have already received, that would depend on what your agreement states and how a judge would look at it. One needs to read it to be sure.  Good luck.


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