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New York Child Support Questions & Answers
0 Answers | Asked in Child Support for New York on
Q: If arrears are coming out with child support, when do penalties for back support take place ?

Kids dad arrears come out of his check with his child support weekly but not the full amount . So he just accumulates more back child support. If he’s at 12,000 in arrears, do they not take his license at some point ? Or does he just keep accumulating back child support, and I just won’t ever... View More

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

0 Answers | Asked in Family Law, Animal / Dog Law, Child Custody and Child Support for New York on
Q: My parents are divorced, I want to move into my moms house full time when I turn 18, to take my “dads” cat to my moms?

The cat was not given to me as a gift but she is like my baby. I know that my dad will not willingly let me take her as he will use it as a reason for me to stay. I am not 18 yet, so I cannot legally own an animal. But when I turn 18 is there a way I can take her with me to my mom’s house?

0 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can I stop my ex from moving, or have child support dropped if she does?

My ex plans on moving states away with our son when he turns 18. We have 50/50 custody, but she has placement. Do I have any say in this? And if not, could child support be dropped?

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

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

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...
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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...
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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.

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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

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