EVEN THOUGH KID HIT 21
When one of his kids hit 21 years-of-age, the father sought to have his child support payments (of $1000 per month) reduced. But when the Westchester County Family Court denied that request, dad appealed to the Appellate Division, Second Department.
While child-support payments are typically reduced when a kid reaches 21, that reduction isn’t automatic when the support obligation is “unallocated,” and other children are involved. Given there was another younger kid, the AD2 noted that the dad had the “`burden of proving that the amount of unallocated child support [was] excessive based on the needs of the remaining children.’”
Since he failed to make the “requisite showing,” the AD2 thought that denial of the dad’s request was appropriate.
That was a “bust” if you ask me.
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DECISION