Q: I been paying my ex an agreed amount for over 14 years with minimal problems. My son graduated this past June and started seeking employment. Unfortunately, he has no intentions on attending college. He’s currently working and trying to go full time. He takes a bus to his job and a car would make it easier. The issue started when I told his mother that I’d like to use the money that I give her, to purchase a car and pay the insurance for him. (The car is currently parked in my drive-way). She said it’s not fair to her and if we go to court, they will award her more than what I give her. My question is, should I continue to pay her and return the car? or should I stop paying her and get the car on the road for my son and risk being dragged into child support court?
A: If you merely have an informal agreement, but not a court order, then any child support paid is voluntary. If the child is working full-time, then the Court MAY consider the child emancipated – meaning you’d have NO obligation to pay ANY child support. It’s nevertheless advisable to try working things out. Schedule a consult with a Westchester Child Support attorney for a full assessment.