Petitioning To End Child Support In NYS Due To No Relationship With Child

Q: My daughter is 17 and will be going to college next year. I just found out that she submitted a non-custodial income waiver for college applications that require a CSS profile from both parents. My daughter and I have had very little contact (my ex has created a toxic environment for us both). My daughter is too scared to tell her mom that we have been communicating the last couple of years and went along with the waiver.

The waiver requires my daughter and her mom to attest that I have no contact with them and that I will not be supporting her college expenses (even though I provide child support each week).

My ex has also withheld information from me such as the time when my daughter had a concussion, and a separate injury that required our daughter to go to physical therapy.

Is there anyway to use this information to petition for child support to end?

Thank you for any help or answers.

A: The issue on your end would be one of “constructive emancipation.” You’d need to be able to allege & prove at trial that your daughter has unjustifiably refused a relationship with you – and thus that you’ve done nothing to cause the refusal. Schedule a consult with a White Plains Child Support Attorney for a full assessment.