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New York Child Support Questions & Answers
0 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Help getting a legal guardianship over my 12 year old childhood best friend!

I'm a 18 year old boy in Canton new York and want to know If i can petition for legal guardianship over my 12 year old boy who's my childhood best friend and his little sister, he's been neglected and has to do everything for his little sister and even last Valentine's day they... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: My husband and I have been separated over 5 yrs our son is 19 and goes to college he only would give 100 a week in

Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I'm looking for a pro bono attorney to help me with family court custody case with my grand daughter

I have had her since June 2023 neither parent does anything she is just use to hurt each other she has issues and needs to be cared for I love my granddaughter pls help

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024

The asker can make a request for assigned (free) counsel to represent her in her family court dealings. Otherwise, private family law attorney do not represent litigants free of charge.

0 Answers | Asked in Child Support for New York on
Q: If your paying half of child support can you still get in trouble for your arrears?

Kids father is behind on child support 13,000, they are taking some out of his check but he is suppose to be making payments on his own and he isn’t , anything I can do ?

1 Answer | Asked in Child Support for New York on
Q: statue of limitations on child support arrears in ny state
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 9, 2024

There is no statute of limitations on child support arrears. If there is an order in existence then arrears can be sought at any time.

1 Answer | Asked in Child Support for New York on
Q: Is an 18 year old child considered emancipated if his joined the air national guard?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 3, 2024

Joining the military is grounds for emancipation in most instances. However, leaving the military before age 21 could unemancipate the child.

2 Answers | Asked in Family Law and Child Support for New York on
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?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

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... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Unsupervised visitation with someone who verbalized a hearing impairment and has had very limited contact with child ?

My son's father is not on child support and left NY in 2021, permanently, for a truck driving job across the country. He has requested visits randomly and has been allowed to see his son at my home, in the part, or play areas as well as sporadic phone calls. There is not a custody order but I... View More

Peter Christopher Lomtevas
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answered on Dec 5, 2024

The typical father will get roughly half time with his child. Impediments include criminal convictions and child abuse findings where the father hurt the subject child. Otherwise, there is no reason to withhold the child.

Hearing impairments are irrelevant. Limited contact is irrelevant. As...
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3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of...
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1 Answer | Asked in Elder Law, Family Law, Child Custody and Child Support for New York on
Q: How do attorneys specializing in family law find and retain the services of Spanish interpreters?

Asking as a NY Court certified Spanish interpreter available for 722-C assignment.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More

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1 Answer | Asked in Child Support for New York on
Q: I have a custody order established in Queens County, NY. 3 years later, the mother of the children moved to South Caroli

na with the children. 3 years since then she's now filed for Child Support in the county, I reside in NY rather than Queens or where she is in South Carolina. Where should it be filed?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 19, 2024

Jurisdiction is where the children have resided for the last 6 months.

1 Answer | Asked in Child Support and Family Law for New York on
Q: I am currently in arrears. I had 2 support orders. The second is SIGNIFICANTLY larger than the first.

I have been unemployed for 10 months now

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

There is no question here.

The asker must retain an attorney to file a petition for downward modification. However, his arrears will not disappear unless he can get the custodial parent to waive arrears in court before a support magistrate.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More

3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 5, 2024

In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: If I marry someone on child support could that backfire on me

My fiancee children are 18, 17, and 16. We have a newborn together and want to get married, He pays child support to the month through the courts. If something happens to him, God forbid, can she collect child support from me?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 9, 2024

Child support terminates upon the payor's death. You would not be responsible for his support payments.

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1 Answer | Asked in Child Support for New York on
Q: What to do when child support bills you for 7 years based on income you have not had

I have to represent myself in court tomorrow and last appearance to judge said me and the party have to make a mutual agreement to have the balance reduced and that is it. But New York State has charged me child support every month for 7 years based on disability as income which I have never had to... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 25, 2024

New York does not allow a support Magistrate or Judge to erase arrears. You had to have asked for a modification when your income was reduced. Now, only the recipient can agree to reduce the arrears.

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
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1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Child Support for New York on
Q: How can they talk to me child support for a woman I was never married to or lived with spousal support
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 8, 2024

Child support is required from the non custodial parent regardless of marital status or whether the parents ever lived together. If you are the father of the child you will be required to pay child support. Spousal support in New York, however, is only paid when there was a marriage. If you were... View More

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