Get free answers to your Child Support legal questions from lawyers in your area.
Hello, we are a family of 4 people. Me , my husband and two sons . we came to America in March 2023 under the cbp one program, and after a while we submitted the I 589 form where the main husband But in December 2023, the youngest son was diagnosed with liver cancer, heptoblastoma, after 4 courses... View More 
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answered on Apr 19, 2025
Yes, you may be able to file Form I-485 for humanitarian reasons with your son as the principal applicant due to his serious medical condition. Form I-485 can be used for various types of green card applications, including those based on humanitarian grounds. This could potentially allow you to... View More
On April 3, a support magistrate vacated my child support order because the mother of my child is no longer receiving public assistance. How long does it usually take for this change to go into effect in New York State?
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answered on Apr 7, 2025
We do not know as we are not agents of the executive branch of government. The inner working of support collections are a mystery to us.
However, based on prior client experience, changes go into effect immediately. However, the mother is free to file for child support and she will get it... View More
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
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answered on Apr 3, 2025
I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very... View More
I have an original child support agreement with my ex that is notarized but was never filed in court because he always paid on time and didn't want to file it. We have recently agreed on and signed a modified version of this agreement, which is not notarized. Can I file a copy of the modified... View More
answered on Mar 26, 2025
Only court orders are enforceable. You need to start a child support matter in Family Court and then you might be able to submit the agreement as evidence of the intent.
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
My ex violated a court order by failing to pay for my son's college school loan as agreed in the support order. I have filed a petition for the violation and have evidence of the missed payments. There have been no previous modifications to this support arrangement, and my ex has not provided... View More
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answered on Apr 13, 2025
While you are not required to have an attorney for the hearing, having legal representation can be helpful in ensuring that your case is presented clearly and effectively. An attorney can assist in presenting your evidence of the missed payments and help you navigate the legal procedures,... View More
I am divorced and live with my two sons and our dog, while my ex-wife lives in a different house. My sons are with me six days a week and have lived with me for more than half of the year. We have no formal custody or support agreements, but my ex-wife wants me to become head of household for tax... View More
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answered on Apr 12, 2025
Based on what you’ve shared, you may actually qualify to file as Head of Household, which could provide you with valuable tax benefits. To qualify, you must have a qualifying child (your sons), pay more than half the cost of keeping up your home, and your children must live with you for more than... View More
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More
answered on Mar 16, 2025
A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
In my divorce proceedings, my ex-wife fabricated lies in family court, such as claims of being locked upstairs and deprived of food, despite text messages indicating otherwise. These false claims led to a custody order requiring me to handle all driving responsibilities and a support order that I... View More
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answered on Mar 24, 2025
Dealing with false claims in a custody case can be incredibly frustrating and unfair. I understand your concern about the custody and support orders based on what you believe were fabrications. Your appellate attorney's assessment suggests you might need to explore additional legal strategies... View More
In New York, I was originally receiving child support from my ex-husband, who earned $125,000 a year working for Long Island Railroad, while I earned $17,000 a year on disability. Around 2015, after my son joined the military at 17 and my children started living equally with both of us, the court... View More
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answered on Feb 19, 2025
Certainly it is legal, but voters do nothing to challenge this cockamamie scheme of suppressing the white working middle class. Child support enforcement is the culprit and it was ginned up by Hillary Clinton in the White House.
Elon Musk can procreate all he wants (now up to thirteen... View More
The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More
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answered on Feb 13, 2025
The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More
I am trying to leave . I don't want to be with him anymore but he won't let me leave.
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answered on Feb 12, 2025
The ordinary method to obtain child support is to move away with the child from the young father and then file in one's local family court. However, there are numerous cases where the parents are still residing together yet a support magistrate granted an order of child support.
The... View More
I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More
answered on Feb 7, 2025
To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More
Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More
answered on Feb 7, 2025
I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More
When receiving snap benefits, does it affect the amount of childsupport a non custodial pay? Would they add it to my income? I'm in court for a childsupport modification and even though I make more I'm still struggling becuase of the amount of deduction. I'm getting snap benefits to... View More
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answered on Jan 30, 2025
The asker may need a refresher as to recent American history. Our current system of child support enforcement, the policy that puts young fathers in jail, deprives them of their passports and driver licenses, has been in operation since Hillary Clinton was the First Lady in the White House. The... View More
My husband and I are oversea and due to special status SOFA, he has upper -hand regarding to our children's custody and my job. We are separated under the agreement however it was not counseled by legal. In order to proceed divorce, due to lack of funding, I would like to have less battle as... View More
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answered on Jan 29, 2025
I agree with you that you need legal counsel to avoid being taken advantage of. Speak with a local attorney about your case or matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More
end when my son turns 22 yrs old. Can my ex wife bring up any issues she might have, other than child support, during this appearance? And if she does, am I obligated to or will the judge force me to address the issue without counsel?
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answered on Jan 20, 2025
I'm sorry to hear about the uncertainty surrounding your upcoming court appearance. It’s important to understand the scope of the proceedings and your obligations during the hearing to ensure you are prepared.
In New York, when a petitioner files a motion to terminate child support,... View More
He has documentation stating this illness and unable to work.
He is highly in arrears!
No money for anything
What can he do?
answered on Jan 15, 2025
If he is mentally ill, he should apply for Social Security Disability and-or SSI. Then the Court can look at that income to determine child support.
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answered on Jan 20, 2025
I'm sorry to hear about the difficulties you are experiencing with your ex-partner regarding communication with your son. Situations like this can be distressing, and it's important to address them both legally and constructively to ensure your parental rights are protected and your... View More
Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support
answered on Dec 27, 2024
Support, both child and spousal, is dependent on your respective incomes. New York requires a non-custodian parent to pay child support until the child is 21 unless a child is independent. You need to speak to an attorney to determine your specific issues.
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