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 
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.
My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More
answered on Jan 10, 2024
An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More
We have a separation agreement that contains child support agreement . It’s only noterized and he won’t pay it tho he signed it . Can I just ignore the agreement and take him to child support court so the child support comes out of his checks ?
answered on Dec 25, 2023
Yes. You can certainly take him to court for child support. The agreement you made can be used as evidence of intent. See an attorney.
I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.
answered on Dec 24, 2023
You can bring a petition for arrears in Family Court. Then the court can issue an order based on your agreement and also for the money owed.
We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?
answered on Dec 24, 2023
An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.
I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?
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answered on Dec 16, 2023
This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More
For one child is it 17 percent of gross minus Medicare and social security? And what about state pension contributions
answered on Dec 1, 2023
The only deductions from gross income are FICA (Social Security and medicare) and local income tax if applicable. No other deductions are considered.
Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.
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answered on Nov 30, 2023
In your case, filing a motion to vacate the stipulation for child support might be a viable option, especially if you have grounds to believe that the original agreement was based on incorrect or incomplete information about your ex-partner's income. It's important to note that courts... View More
reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... View More
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answered on Nov 28, 2023
In child support cases in New York, there are a few key points to consider:
Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order.... View More
My child support is being increased in a few weeks but my child wants to live with me when turning 18 in a few months. By then child support will have already increased. Can I modify it after it goes up right away or do I have to wait? I can contest before the increase but my child doesn’t live... View More
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answered on Nov 19, 2023
In cases where child support is adjusted due to a cost-of-living adjustment (COLA), you typically have the right to request a modification if there is a significant change in circumstances. The impending change of your child's residence to your home certainly qualifies as a substantial change.... View More
I prefer any money go directly to my child or to help pay for college and transportation
answered on Nov 19, 2023
You need to file for a modification of child support. You can not simply stop paying as long as there is a court order requiring you to pay regardless of where your child lives. Talk to a lawyer
I have received a cola letter and want to make sure the calculations are correct
answered on Nov 19, 2023
Child support is calculated based on your adjusted gross income which means your gross income minus FICA and local income tax only. No other deductions are in the calculation.
ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE
I ASKED MOTHER TO TAKE ME TO COURT
SHE NEVER DID...11/14/2023
KIDS ARE NOW IN THERE 20
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answered on Nov 17, 2023
If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order.... View More
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
To court date?
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answered on Nov 4, 2023
If you've filed a petition for full custody in New York and wish to dismiss it, you should file a voluntary discontinuance form with the court where you filed the original petition. It's important to do this before the court date. Simply not showing up to your court date is not advisable... View More
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More
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answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
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answered on Nov 4, 2023
Para trasladar una orden de manutención infantil de Nueva York a Puerto Rico, probablemente necesitará registrar la orden en Puerto Rico. Por lo general, esto implica obtener una copia certificada de la orden de Nueva York y presentarla ante el tribunal correspondiente en Puerto Rico. La Ley... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
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answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
answered on Oct 6, 2023
If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult... View More
My son reached out to me. I don't owe back support. I have paying them for 2 years and he never lived there
answered on Oct 4, 2023
Joining the military is a basis to suspend child support. However, it is unlikely that you can get anything you paid back. You should have a consultation with an attorney and show them any orders and stipulations that you entered into.
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