Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Child Support Questions & Answers
0 Answers | Asked in Child Support and Civil Litigation for New York on
Q: Help needed for long-term false child support issue in NY

I'm seeking help with a situation where I've been paying child support for 18 years for children who are not mine. When my partner and I were teenagers, we falsely claimed to welfare to gain assistance for an apartment, and this has led to long-term issues. I've been unable to gather... View More

0 Answers | Asked in Child Support and Child Custody for New York on
Q: Can I reduce child support after change to 50% parenting time?

I am currently paying child support, but there was a change in the parenting schedule in April 2020 from every other weekend to 50% of the time, which both parents agreed upon in writing, but it hasn't been recognized by the court. There haven't been any significant changes in our... View More

1 Answer | Asked in Child Support and Family Law for New York on
Q: Is it legal I had to pay child support to my higher-earning ex?

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for New York on
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?

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

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Hi , i have a 1 year old daughter and I'm currently with her dad. Can I put him on child support ?

I am trying to leave . I don't want to be with him anymore but he won't let me leave.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I’m being garnished for child support, leaving me with $150/week (40 hours/wk). I’ve been overcharged & manipulated

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

Marco Caviglia
Marco Caviglia
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

View More Answers

2 Answers | Asked in Family Law and Child Support for New York on
Q: Can a 25-year-old child take her father to child support for arrears?

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

Marco Caviglia
Marco Caviglia
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

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: When receiving snap benefits, does it affect the amount of childsupport a non custodial pay?

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Child Support for New York on
Q: Our separation/divorce agreement is great deal for my husband who has been togehter over 15 years. I need legal counsel.

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

James R. Dickinson
PREMIUM
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Family Law and Child Support for New York on
Q: I have a court appearance, as a petitioner, to terminate child support. As per divorce agreement child support shall

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?

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: Adult son is mentally ill, so many issues but right now they are looking at taking his license and a felony.

He has documentation stating this illness and unable to work.

He is highly in arrears!

No money for anything

What can he do?

Cheryl Powell
Cheryl Powell
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.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My ex partner is blocking me from my son’s phone. She is threatening me.
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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.

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

View More Answers

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
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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...
View More

View More Answers

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

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.