Divorce Solutions

Question #71

We live in Suffolk County, NY; I am a single Mom of a 17.5-year-old daughter that is going away to college in Maryland. She was hospitalized for an eating disorder last year for six months and still needs supervision on her food intake and meds. So I am willing to move with her since I have some family there. My stip says that if I relocate outside of NY, without written permission from her dad or the State supreme court approval that I will relinquish my parental right, and she will live with her dad. ( I am assuming child support would also be stopped) I have spoken to several people who have told me since her dad has made no effort to see her since she was hospitalized, nor does my daughter want to spend weekends/time with him and that she will be 18, that the above statement won’t affect us. Would child support stop if we were to move since she is going away to college? My Ex tells her I CAN’T MOVE!! Please let me know if I have to take this to court.

To respond to your question correctly, I would have to see the exact terms of the Stipulation. Does it address the possibility that your daughter will be attending college? Is there any geographic limitation on where she may enroll?
Once your daughter is no longer residing with you,( i.e., she is dorming in an out of state university) there should be no reason to restrict your ability to move.

Does the Stipulation address who will pay for your daughter’s college tuition and expenses?
Usually, if a child goes on to college, the parents must continue to support the child until age 22 or completion of the four-year degree.

Call me at 212-370-1660 to arrange a meeting to review the details of your Stipulation and review the options.

Leonard M. Weiner, Esq. Divorce Solutions