Valley Stream, NY asked in Family Law and Child Support for New York

Q: I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.

I make $130,000 and he $30,000 on books. What are my options?

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Answered

A: The 23 year old is emancipated so no child support is payable n that child's behalf. However, the 18 year old is presumably not emancipated. You can go to family court to modify support. Talk to a lawyer.

Norka M. Schell agrees with this answer

A: One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's family courts and the process could take years if the man hides from process servers. Whether or not he earns an income, the statute hurts W-2 employees far more than it hurts self employed fathers. His order of support could goo way down on $30,000 annually. If he retains counsel, he could go below the self support reserve and end up with an order of support equal to twenty five dollars each month.

For a more cogent answer, the asker should consult with an attorney.

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