Child Support for "Adult' Child in NY State

As I understand it (based on my own divorce), the divorce decree itself is what applies here. If there no mention of any financial support once the child turned 18 and the decree stated that child support ended when the child turned 18, then I don't think it can be enforced.

My decree for example states that my ex and I will share equally in college expenses including room and board, etc. However, the decree states that this ends if the child does not stay in college or no later than after 5 years of college. I also don't lose child support until my sons finish the year of school in which they turn 18.

My guess is that your hubby's ex-wife is hoping that your husband won't fight what she wants and thus agree to providing the financial support.
If your husband's decree states that child support ends when his daughter is 18, then this issue shouldn't really be between the ex and your husband - your husband should be talking to his daughter (who is an adult) as to his views and ability to provide her with financial support. My boyfriend is in a similar situation as he got divorced after his kids were adults and he didn't think to get anything about college or other expenses into the decree. They have worked things out such that he covers the kids' cars and helps with living expenses, half tuition, etc. while they're in college.

I think really the basis for the legal aspects are the divorce decree and the age at which a child is considered an adult in New York state. FWIW, this website states that child support must be provided until age 21:
https://newyorkchildsupport.com/custodial_parent_info.htm...

But, again, I think your husband's divorce decree supersedes that. Honestly, it would likely cost less than the airfare, hotel expenses, etc. for your husband to at least talk to a lawyer about this. Some lawyers offer free consultations. I would think your husband can also file for an extension for the court date (folks can easily do that on their own by sending a simple letter to the court). The most important thing is that your husband sign NOTHING until he has talked to a lawyer.

http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml
Check this website out, I hope it helps. I guess it would depend on if the court agrees that your step daughter is self-supporting herself.

I am just a little confused by how your husband is being required to attend (via phone) a court proceeding in the state of NY. What state issued the divorce decree? Unless he lived there, and/or was divorced there, NY shouldn't have any jurisdiction to require him to appear in a court proceeding in NY. They CAN however, file a proceeding through UIFSA that could have the child support bureau (whatever it is called in TX DCFS or whatever) file a case in TX, where your husband would appear in a local court, and the mom would be represented by State appointed counsel without her presence being required. So, I am curious about the previous court proceedings prior to this one.

That said, be aware, that the State of NY's laws used to (and may still) require child support be paid until the child is 21 years old. Unless I am totally mistaken, it was not contingent on the child being enrolled in school, either. I worked in inter-state child support enforcement about a dozen years ago, and the laws could've changed since then. But back then, NY and one other state (can't remember which one it was, Illinois maybe?) had statutes that required support until age 21. MOST states said "18, or until 19 if still in school", but not NY.
Since she is (from what you said) living with her mother, the mother could be considered the custodial parent since she is evidently supporting her and would be able to file for child support under NY's laws.

The fact that your husband never successfully received support from the mother when the child was with you, in no way bars the mother from filing for support now. However, if there was an ORDER stating that the mother was required to pay, and she didn't, then she must have some hefty arrears, and that can be brought to the court's attention.

In your "what happened" you said she was emancipated in the eyes of the law. What exactly does that mean? Did she go to court and have a court somewhere determine her to be an "emancipated minor"? Or did she simply meet the criteria for emancipation in the State she was residing in at the time?

You might find this interesting reading:
http://www.sarilaw.com/Articles/Child_Support/When_is_My_...

and this:
http://deltabravo.net/custody/emancipate1.php
(looks like it was not Illinois, but Indiana... and DC and Mississippi apparently, too.)

LOL.......dont think she has a shot in hell of getting child support. Good luck!

I don't think she has a leg to stand on........First, I would go to Legal Aid, show them what you have and ask them what you should do. Legal Aid is usually free.......I'm sure you have one there..........

I would think since she has been on her own, 18 and not in school....it won't happen.........

Good Luck and hang in there.

unless she suddenly became handicapped or mentally ill then NO you will not have to pay support