Lawyers, Answer Questions  & Get Points Log In
New York Child Support Questions & Answers
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...
View More

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

0 Answers | Asked in Child Support for New York on
Q: My Son is joining the NY national guard. He is still a college student, so does this effect child support?

My Son is going to boot camp on 6-28-2024 He will be returning to college in August to continue his education at SUNY Oswego. It is my understanding that child support no longer needs to be paid if your child enters the military. However, the is the national guard and he is still a college... 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

1 Answer | Asked in Child Support for New York on
Q: Can having to pay child support disqualify you from certain types of employment?

I was told that having a legal order to pay child support can prevent me from finding work as certain jobs will not hire people who are paying out child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 7, 2024

The short answer is no - paying child support will not itself be a bar to being hired. Keep in mind that if you pay direct and not by income execution your employer shouldn't even know you pay child support

1 Answer | Asked in Child Support for New York on
Q: Can my kids dad get a lawyer so he doesn’t have to pay back support ?

My kids dad is behind 10,000 in child support. They appointed him a lawyer(public defender ) . Will the public defender help him not have to pay back support back ? He hasn’t paid more than $150 to child support since January. The judge lowered his child support from 2,600 to 2,300 but he... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 7, 2024

The attorney represents him in regard to content and it is almost impossible to lower the amount owed without your consent

0 Answers | Asked in Child Custody and Child Support for New York on
Q: Yeah.. I have a question. My girlfriend who is pregnant with my child.. had an affair with her sisters husband.

Her sister knows and she's okay with it. She's been living with them.. and they're manipulating her and controlling her life and such. She sincerely needs therapy.. Will that affect how custody goes after the baby is born? Cause.. it's seriously a messed up situation and I worry... View More

0 Answers | Asked in Child Support for New York on
Q: child support arrear

I was involved about car accident and I'm in the process of filing for disability through Social Security administration. I have a child support order which I tried to modify after the car accident and the judge did not reduce the child support order, even knowing that I do not have a job, she... View More

0 Answers | Asked in Child Support for New York on
Q: Child support Account,one temporary and one permanent.

Hi, I have a child support account which I made temporary payments to it and that has a balance of $5000 which I never issued a credit for, every time I call child support unit or try to do letter correspondence with them. I am told that the account was closed and they have no record of it, is... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: How long can a parent go without seeing or asking about their children? before its considered abandonment?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

1 Answer | Asked in Family Law and Child Support for New York on
Q: What is required regarding college acceptance for my daughter with her father - do I need approval or is notification OK

Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.

Nonetheless, assuming arguendo that the asker...
View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
View More

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: Why am I paying ex girlfriend lawyer fees... I wasn't married to her. Feel I'm not responsible to pay for her choice.

I pay court ordered child support. The court is taking half my Check every 2 weeks. I can't afford to survive anymore. Since they have been taking out My Ex's lawyer fees. I work 40 hours a week. Get paid every 2 weeks. Now since they take half my check...I make roughly 400 a week. I... View More

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

It is not clear which state this question arises from, Florida or New York. Florida has two sanctions provisions that allow for counsel fees: as a need and as a sanction. If the basis is the custodial parent's need, then the court is bound to consider the non-custodial parent's ability to... View More

2 Answers | Asked in Child Support for New York on
Q: If a child receives SSI, does the father still responsible to pay child support?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 12, 2024

Yes. Child support is independent of SSI. A non-custodial parent's obligation of support is statutory.

View More Answers

2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

View More Answers

2 Answers | Asked in Family Law and Child Support for New York on
Q: If my daughter has moved out of home at 18, not enrolled in college as yet can I lose child support

My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.

Is he... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 27, 2024

If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.

View More Answers

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More

View More Answers

3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: Does my husband have to pay back child support?

We set up a separation agreement in Oct saying he would pay 2,600 a month . In Dec he stopped paying . We’re not divorced yet so the separation agreement is only notarized so far . I’m filing for child support through the court , not waiting for the divorce to be seen by a judge . When we go to... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.