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Female lives w/GF, has GED and receives SNAP Benefits. If mother is responsible for her until age 21 but does not give her any additional financial assistance for rent, food, clothing, etc, can the child petition family court for child support? She had a first appearance in family court and her... View More 
answered on Sep 26, 2018
Yes she is. The County can also seek repayment for any benefits paid to the child.
Q: I pay child support to my sons father. I just found out that my son has moved out, and has a job. Do I have to pay?
My son turned 19 in May 2018 and graduated from high school in June. I found out that he has moved in with a friend, and has a full time job. I haven't had contact... View More
answered on Sep 24, 2018
It depends on whether your son is self-supporting. If he isn't, but not living with his father, your son could file for you to pay child support directly to him.
My other child lives with me. My ex wants to stop child support so that neither of us have to pay each other since we have have one child each. I don’t agree as I have the youngest who is 14 and he has the oldest who will be 17 in February. The child support for the oldest emancipated on his 18th... View More
answered on Sep 24, 2018
Please clarify: are there 3 children? You say "they both live with me. My 16 is living with his father".
Also, child support in NYS is payable until age 21, unless the child is self-supporting or in the military.
If you each have residential custody of one child, not... View More
My first lawyer i gave 7500 to and she went to court 3x and said the money was finshed . I have not received a invoice from her. My next lawyers Charles and Pete I gave 7500, his so called partner took 2500. Charles invoiced me but he said I did not fill out the asset paper correctly . I explained... View More
answered on Sep 17, 2018
Is your divorce a NY divorce? If it is you need to call the NY State Bar and report the attorneys. They do not have the right to any of the money if they did not bill/invoice you at least every 60 days.
Such as picking the child up from school at their new, earlier, dismissal time? 3pm changed to 238pm. Parent is refusing, stating we are not allowed to pick him up 22 min early and must wait until child gets off the bus at babysitters @355pm.
Not sure how to document to bring to court.
answered on Sep 17, 2018
Yes, get that parent's refusal in writing - email her/him or text and have him/her reply. Something concrete to show the Family Court that the parent is not encouraging and facilitating a good relationship with you.
Is this legal? Have been picking him up from school for 6 years. School gets out earlier for middle school now. Is he allowed to make us wait until he gets off the bus @4 just because we would be picking him up 20 min before court order 3-730?
Custodial said if we pick him up from school,... View More
answered on Sep 17, 2018
If the custodial parent refuses to be reasonable, document that parent's refusal for your reasonable request. You may then have to go into Family Court for a modification of parenting time. As your child is now older, best wording is for your parenting time is "to commence at... View More
He has a lawyer, I do not. Police here told me I could take them and not return them until court. I did so and an emergency hearing was held and I now only have three days a week while he is at work I need advice on how to get my children back . I have police reports, logs of harassment And he has... View More
answered on Sep 14, 2018
Not to be trite, but you do need an attorney. You need to file a petition for custody and prove that it would be in the best interest of the children for you to have residential custody of the children.
My ex wife needed housing for her/our kids after her & her then boyfriend separated. She asked to move back into my house w/them (it was the marital residence before the divorce) , out of concern for the welfare/safety of my kids , I allowed it &stayed on a separate side/room of the house... View More
answered on Sep 14, 2018
Child support credit is not given retroactively - if you overpay, the payee is not forced to return it. Any modifications are retroactive to the date you file a petition.
my husband and i want to move to another state i have a daughter with my husband and my other son is from my ex boyfriend . he is making my life miserrable and forbidden me to move anywhere out of newyork with my son . mean yet he only see his son once a year the court takes out money from him for... View More
answered on Sep 13, 2018
You can file a petition in Family Court for sole legal custody and the right to relocate with your son. You will need to show that it is in your son's best interest to relocate with you. The fact that your son's father only sees him once a year, is very favorable to the relocation.... View More
answered on Sep 13, 2018
If the child support order, or your stipulation say it ends at 21 then just stop paying. If there is no end date and you pay through CSEB or directly to the residential parent stop paying and file a modification in family court based on emancipation.
The landlord asked us to leave, and the other tenant did not pay her half of the last month's rent. The landlord is refusing to return the whole security deposit to me, and is only willing to return the difference between the whole deposit and what the other tenant still owes. (1/2M rent) We... View More
answered on Sep 12, 2018
Yes, the landlord can do that. You can then go to small claims to try to get the 1/2 month security from your former room mate.
we also have another son together.
answered on Sep 10, 2018
They shouldn't impute any of your income when figuring his child support, except if his income is very low. The court can take into account that you and he may be sharing housing expenses or in very rare circumstances if you are supporting him the court can take that into account in terms of... View More
She has been keeping my 13 year old on my weekends and denied me fathers day birthday and 2 weeks in summer.
answered on Sep 4, 2018
You cannot lose visitation (or parenting time) for those facts. The court may assign an attorney for the child, so that your child can tell her/his attorney his/her facts and if she/he wants visitation. In general, the parent with primary residential custody should encourage the child to see... View More
answered on Sep 4, 2018
If you do not earn enough to be completely self-supporting, then you may file a petition for support directly from your father.
For the last year I joint decisions or discussions of any issues because if I call she answers, if I text she answers, or they don’t answer or reply. Issues over forced hair cuts, child care, issues my son has at their home nothing can ever be addressed I’m always told by her to leave him... View More
answered on Sep 4, 2018
Child care is a legitimate issue to discuss as co-parents, whereas haircuts are not. Co-parenting is just one of the factors in determining best interest of the child. Also, you need to show that circumstances have significatnly changed since custody was last determined.
answered on Sep 4, 2018
Yes, in New York you are entitled to child care to be paid on a pro-rata basis while you are looking for work. You must document your search with very specific information and it cannot be for activity you can do from home, as computer searches, downloading your resume, etc.
Moreover, she is not meeting her earning potential at her current position. She holds a masters degree in education. I do not know exactly how much she makes, but I am almost positive it's nowhere near her potential. Can my support be reduced?
answered on Aug 27, 2018
If the combined parental income is below $148,000 it will not be reduced. It is very fact specific over if the parental income is over $148,000, but if you live "downstate" in Yonkers, it is not at all unusual for child support to be paid over the $148,000 combined parental income.
The benefit is half of the non-custodial parents benefit. Does the non-custodial parent's social security count as income in calculating what child support should be?
answered on Aug 27, 2018
If there is one child, the non-custodial parent is still responsible for 17% of his/her gross income less FICA taxes, unless that brings him/her below the self-support reserve ($16,380) or poverty level ($12,140).
Divorced 5 years ago. My ex moved back in 2 years later. I have been fully supporting her since. The Alimony order end date ran out a year ago. Is this now null and void?
answered on Aug 22, 2018
Your ex could claim that you owe her support since you stopped paying her. You would then need to prove in court that you actually supported her and are owed credit for that. Otherwise, a support order ends on the date included in the court order or stipulation of settlement.
answered on Aug 18, 2018
As long as you're not self-supporting, you can petition the family court to order your father to support you directly.
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