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SPARC Forums  |   Main Forums  |  Moms Without Custody (Moderators: Kitty C., olanna, Buff)  |  Topic: emancipation/20 will be 21 in July working as EMT « previous next »
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Deepanda
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« on: Apr 30, 2009, 08:51:15 am »

Ok I am going crazy here.  I've been paying support for my son for over 15 yrears.  My ex took my son when he was 5yrs old and moved with his new wife with out telling me where they were going.  The support is more than the income I am making now.  I went a few years back to try to have it reduced but the judge told me i would have to find him(dad) to serve him these papers.  I explained that they moved without giving me an address and that the court should have an address because the support is taken directly from my check.  The judge stated that my son's address should be on the payment slips i recieve from support enforcement.  I showed the judge that the name and address of the father had been removed.  She said i had copied it and brought the copy.  I told her that I several more like that at home.  (They still to this day come without the address, The fathers wife had family in the Queens court system) She asked me to no longer speak. And that was it it was over she told me that it was up to me to find him to serve the papers.
Anyway I just found out in March that my son is working for a private Emt in Queens and not living with his dad.  The dad lives in long island.  My son lives in ozone park.  I want to know if there is anyway that I can do the emancipation sooner than july, I have 2 daughters and a low income job that doesn't leave me much except for the rent after they take the support and arrears money.  The only reason there is arrears money is because the job i had before this was not enough to make the payments and i fell behind.  This job does not pay us for sick days or holidays.  So when my kids are sick or myself it presents a problem, do i send them to school sick or keep them home and not get paid for the day.  It seems i have to neglect my younger children for someone who is now a man taking care of himself not living with the father whom is still receiving child support payments.  I never disagreed that I shouldn't pay support but to be taken advantage of is simply not doable anymore.  I can't even buy my girls the things they need some times for school.  I mean I can't afford necessities most of the times.  PLLLLLLLLLeeeease someone help!!
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Ref
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« Reply #1 on: May 02, 2009, 08:22:37 am »

I would say that you should get the proof that you have and file for termination of child support based on the fact that he is on his own and working. The only thing is, it will take a while to go through the court system. If it was anything like DH getting his CS reduced, it could take 6 months to a year.
 
Anyone else had this issue?
 
Maybe you should get a free consult with a family law attorney and see what they say.
 
Take care,
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MixedBag
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« Reply #2 on: May 08, 2009, 04:59:09 pm »

I too would file to have him emancipated.
 
But what's the age of majority/emancipation in your state.
 
File maybe through DHR and ask that it be terminated effective the date that you filed.
 
AS was already said, this may take a while.
 
Can you get child to cooperate and provide high school diploma and testify by chance?
 
 
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