Get free answers to your Child Support legal questions from lawyers in your area.
Support documents to the family court my question is can i file for back payment when my case finally reach in court?
answered on Nov 3, 2020
Support will be retroactive to the date you filed the petition.
receive a letter from family court. He is refusing to show me the letter and is blaming me. Can family court up child support without both parties being informed?
answered on Nov 2, 2020
He got the letter because he has a right to object to the increase and go to court to fight it. If he doesn't challenge the increase you will be notified by support collection of the increase. If he goes to court, the court will decide how much the support will increase (usually its the... View More 
She also has 2 more baby father that aren’t helping her but she wants to take more money from me . How much would a court dictate me to pay if I take her to court for child support . Also she lives in Puerto Rico
answered on Oct 25, 2020
Child support depends on your income, without knowing your income it is impossible to say what you would have to pay. Speak with an attorney to get a better idea of your situation.
I earn about 45,000/year and she about 20,000 year, but her income will likely increase to 30,000 or 40,000 in the next couple years. We have 50/50 custody, she is the custodial parent. Can i petition to have my child support payments decreased if this happens?
answered on Oct 16, 2020
The amount of support you pay will not change as it is essentially based on your income. However, you may be able to ask that the pro rata share of paying for the add ons (unreimbursed medical, child care etc...) should be changed.
But I am primary I want him to pay support for him. What do I do
answered on Oct 5, 2020
You need to go to the Family Court and file a child support petition immediately.
Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... View More
answered on Oct 4, 2020
You need to post this in the immigration forum, not the family law forum.
Court case was opened requesting custody by childs great grandparents. In the court filing it was listed as my childs residence with them since 2016 when CPS removed the child from the mothers custody without any attempt to communicate this with me. Have been charged and paid support to a... View More
answered on Sep 30, 2020
You need to lawyer up immediately. Consult with attorneys to see if you can find a good fit and price. My office handles these matters regularly.
Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... View More
answered on Sep 21, 2020
There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial... View More
And was told I might not qualify for a free court appointed attorney. What other options do I have?
Thank you,
answered on Sep 14, 2020
You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this... View More
If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for... View More
answered on Sep 10, 2020
While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can... View More
Divorce was 7 yrs ago. Child support always paid on time. 1 child emancipated 1 year ago June (9 months after turning 21). Petition to modify to terminate due to 2nd child emancipating Jul 2020. Hearing this morning. Custodial parent who has never brought forth any requests for anything additional... View More
answered on Sep 10, 2020
If there was a prior court ordering those expenses to be paid, then it is a violation and the CP can go after them. If it was never in a court order, she can not now ask for them.
I had a child support modification hearing yesterday. The Custodial Parent did not show up and the case was dismissed. Can the custodial parent refile again?
I got hurt and have a case pending for disability and was told I can’t work while I have a case what can I do to get it reduced
answered on Sep 8, 2020
You need to file a modification petition immediately. You will need to subpoena medical records and prove you are unable to work. Contact an attorney.
I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.
My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... View More
answered on Sep 8, 2020
You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.
answered on Sep 7, 2020
In New York, Child Support orders generally end at the child's 21st birthday.
answered on Sep 6, 2020
Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.
The father has an active stay away child endangerment charge and there is an open domestic violence case
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answered on Aug 23, 2020
Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... View More
I found out that my daughter is "staying" with her boyfriend and his stepdad.
answered on Aug 20, 2020
You need to file a petition to terminate the support. It does not terminate on it's own. Contact a local Family Law Attorney.
answered on Aug 12, 2020
No. Court ordered child support already contemplates your expenses when the child is with you. You can deduct expenses that are court ordered for you, such as your share (pro-rata) of the medical and education expenses if it is in the court order. Talk to an attorney for more specific information.
My son wants to live me. Me and my exwife agreed out of court for this. We have joint custody in which she’s primary residentence.
I pay her child support as our divorce Cree. Since my son lives with me now do I still pay her child support?
answered on Aug 12, 2020
You need to go to court and get new court orders for custody and support. Contact a local attorney. Untill you get a new order the old orders still apply even if you and the mother agreed otherwise.
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