Asked 1/2/2008
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19 year old son wants child support I live in New York and I have a 19 year old adopted son that has moved out of my house and moved in with his biological mother. He says he is going to take me to court for child support. I have changed his address at the post office and notified Social Services that he left. They stopped his adoption subsidy. Is there anything else I need to do to not be responsible for him? |
Answer 2/9 - Submitted 6/13/2009
I too was an adopted child. And I left when i was 18.
I have been with the state piratically my whole life. And like the above statement you would only pay child support if he was under the age of 18. And also take into consideration that you are not the biological parent so you wouldn't be held that responsibility.
But if you would like to be extra safe get in contact with his state worker and she/he will tell you all the info needed.
I wish you the best of luck.
Answer 3/9 - Submitted 6/13/2009
Answer 4/9 - Submitted 6/15/2009
If he is legally adopted by you you will pay child support until age 21 in NY regardless of whether he is in school or not. There are only four States in which the age is 21, the other 3 are DC, Indiana, Mississippi. One thing that might intervene in this is whether or not the mother with whom he's going to live is in NY or another State. If the support is ordered from other than the 4 States mentioned this could be a moot point.
Answer 5/9 - Submitted 10/1/2010
We received a summons to appear in Court for our 19 year old that left home in Florida we we all lived and this was when she was 18 and moved to NY then went on Welfare for the free cash she said, Now the state is asking for Child support but since then she has moved back to Florida 2 months ago, So it looks like our kids dont have to do the right thing we still have to pay the bill for them. in Florida your considered an adult at 18 and can move out and I cant stop her, she finished high school. and at one point had a job but some one told her there is free money out there to be had called welfare and mommy and daddy have to pay til shes 21 so move to NY. kids do your drugs and screw your life away. its all a bunch of crap.
Answer 6/9 - Submitted 1/26/2012
Child support is paid to the custodial parent not directly to the child. Your son has no right to take you to court asking for child support. Only you the Mother or the Father (if the child is living with him) have the right to go after you for child support. His Biological Mother can try to take you to court for child support since she is now considered to be the caretaker of the child. Here is the website for the State of New York specific to child support: https://newyorkchildsupport.com/custodial_parent_i nfo.html#apply. You may want to talk to an attorney about your son. New York law allows for payment of child support to run until the child is 21. It appears that your son is retaliating against you because you stopped his subsidy. I am not sure if stopping the subsidy was called for or not. As long as you are following the law then there was nothing wrong with doing this. An attorney will give you one free consultation and it might be wise to get some advice on what to expect.
Answer 7/9 - Submitted 1/26/2012
His birth mother has no legal relationship to the 19 year old. The adoption severed that legal relationship. She's no diffrent from a room mate that he moved in with, she's not a legal parent.
The 19 year old can't file for child support, as child support is not paid to a child, and his room mate has no basis to file for it, either.
Answer 8/9 - Submitted 1/26/2012
Let him waste his time trying, or call his bluff. There shouldn't be any circumstances under which you'll have to pay support in this situation. As others have noted, you hold no legal responsibility.
The child is over age and he was adopted. So, neither he nor his mother can file a claim. There was no arrangement made agreeing to pay support beyond the age of 18 either. So, you're free under all conditions.
It sounds like a bad break with your son/former son. I think you can walk away knowing that he can't hurt you anymore financially. Moreover, you can enjoy the fact that he'll just hit a wall and waste time and money if he does try to bring you to court.
Answer 9/9 - Submitted 1/26/2012
I can't imagine a scenario here wherein you'd have to pay any support. He is an adult and he has made the independent decision to live with his biological mother. He can't backtrack and also try to claim that he's a dependent and therefore in need of support. Basically, it sounds as though he wants to have his cake and eat it, too.
In light of the facts as presented, I'd remind you not to claim him as a dependent on your taxes. (There's an argument, of course, that you could, but only you can decide if it's worth the risk.) He may be able to intiate a lawsuit here - which would be inconvenient for you - but I seriously doubt that he would win. That being the case, let him huff and puff and waste a lot of energy trying to blow your house down. I'm sorry that your relationship with him has seemingly turned sour, but as I see it you are free to disregard his threats. That said, should any legal action be initiated, be sure to consult with a lawyer to get an understanding of your options. Good luck!
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