I have a 15-year old daughter with a woman to whom I wasn’t married. My daughter spent the first nine years of her life living with her mother, during which time I paid full New York state child support (17%). Six years ago, she came to live with me, my wife, and two other children, based on the mutual consent of her mother and us. During the six years, my daughter has had regular visitation with her mother (other reasons weekends, school holidays, etc.). Her mother has paid no child support other than the costs she incurs when my daughter is with her, and for incidentals like occasional clothing purchases, primarily due to a lack of funds. She has not held a full-time job at any time during the six years for health. Her mother and I have never had a formal custody agreement filed in New York (where we both live), working out our arrangements via mutual consent the best we could. My daughter is now interested in moving back with her mother for a variety of personalreasons, and I have two questions: 1. At 15, what rights does she have in determining who her custodial parent will be? Could I be compelled to let her go back to her mother? 2. If she were to return to her mother, would I be required to resume 17% child support payments, or could I work with her mother on a mutually acceptable support amount that is less than the 17%? Could such an agreement be made binding in court even if it were below 17%? Any assistance would be appreciated.
Continue Reading...