Question:
My daughter turns 21 on August 10th and I am simply wondering if I need to file any paperwork in regards to the payments automatically taken out of my paycheck through the SCU.
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Answer:
Wage deduction does not always end automatically when a child turns 21. In addition, there is a public policy provision in NY which can prevent the reimbursement of support overpayments made by you. The best policy is to file a modification petition. You will want your first court date to be prior to, but close in time to your daughter’s 21st birthday. You will want to ask the Support Magistrate to issue a temporary order terminating support on her birthday. You can probably handle this on your own. However, if you are not comfortable filing the papers or appearing in court by yourself, consult with a local attorney.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Child Support Attorney. This does not consent an attorney client relationship.
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