My son is in the custody of New York State. He made some bad choices and got into drugs pretty hard. this is the second time the State has taken custody of him. The first time they took 17% of my income to have him placed in foster care. He was home for 3 months and started acting out again refusing to follow my rules, and getting in trouble with the law. this time they placed him in a detention home then into a childrens home for at least a year. Once again they took me to court for child support. Upon contacting a lawyer he explained to Roe Vs. Doe case from the supreme court. The law states that a child who leaves the home and are not told they can not be there and the parental rules are within reason fall under emancipation the child left on there own therefor they are not entitled to child support even if it is filed by the state,law guardian,or other provider. Well when I went to court, I won. I do not have to pay support to New York State. My lawyer said most people just pay it and dont look into the laws. Also, the judge is not going to bring this up to everyone. I do agree that people should have to pay under different surcamstances but not when the child left on there own will repeatedly and have a safe loving home to live in just because they dont like the rules.
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