Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.
What we can say... View More
My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving... View More
answered on Aug 16, 2023
Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.
Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.
They live in a house that she bought when they first got together, but he pays for everything. He has it set up so that 90% of his paycheck goes in her account to pay all the bills. He is a very involved father. He wants to leave for several reasons but is unsure how he should go about it so he... View More
answered on Jul 17, 2023
Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential... View More
I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?
answered on Jul 18, 2023
You don't say if the child support is due to an Stipulation between your parents or a court order. Usually, working part time or even full time during periods that you are out of school will not affect the child support. However, if you are working full time while going to school and are... View More
The original court order was established in 2017. We submitted our Financials (three years tax returns, W2's, 3 recent pay checks) The magistrate came up with a number and that was it. I filed for a modified recently and the non custodial parent tried to get my petition dismissed. The... View More
answered on Jul 13, 2023
A trial is where the Petitioner presents their case and the Respondent defends. The Petitioner calls witnesses and presents evidence and the Respodent can cross examine the Petitioner and the witnesses. The Respodent can call witnesses and present evidence. It is a good idea to hire an attorney... View More
I believe the father contested the determination but no response from Judge after that. What can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023
If you have filed for child support and have not received a final termination by the Court in Manhattan, it is recommended to follow up on the status of your case. You can contact the Clerk's Office of the court where you filed the case to inquire about any updates or next steps. They should... View More
I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail... View More
answered on Jun 20, 2023
It should not affect your son at all. YOu received the 309 because he owes you a domestic support obligation. Child support is still due and owing even with a bankruptcy and cannot be discharged.
I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.
answered on Jun 22, 2023
Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.
The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be... View More
answered on Jun 6, 2023
If overtime is available, the court will consider it for support purposes. If the non-custodial parent can prove there is no more overtime the court might not consider if the stoppage of overtime is not the result of the non-custodial parent's action.
And drinking. Do I have to keep paying support even though he has a kid of his own?
answered on Jun 3, 2023
If your child is living away from the recipient of the support or os self supporting or being supported by someone other than the custodial parent you can file to declare the child emancipated. You should speak to an attorney.
I currently have joint custody. Child resides with me. We are modifying our order to 50/50 residential custody. Child lives with both alternate weeks. Will I still be entitled to Child support? He us the higher earning parent.
answered on Jun 2, 2023
In a shared custody arrangement, the higher earning parent pay child support. You should speak to your attorney who is handling the custody modification.
At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023
Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... View More
If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.
Without getting into the utterly incompetent... View More
Income used to calculate a unjust obligated amount I'm being charged 300$ a month when my income level is below the self support reserve
answered on May 12, 2023
If the support magistrate applied the law incorrectly then an objection can be filed which sends the order to a judge. Rarely do they review factual issues. After that an appeal to an appellate court can be filed. There is a limited time to file an objection. Contact a lawyer.
Is she entitled to credit for mortgage/tax payments that she made for the 4 years I moved out if I’m paying monthly child support.
answered on Apr 12, 2023
Child Support and mortgage payments are not related unless a court order specifically says so.
But yet child support still take out of my SS and my arrears seen to increase...from the original amount...of 24,000$ to high as 35,000$ I would've payed if it continues
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023
We here have no idea what the question is. If the question has to do with ever growing arrearages despite payment, the asker should visit his local support enforcement office. Perhaps the asker's account was mixed up with someone else's. We don't know.
Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... View More
answered on Mar 23, 2023
The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... 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 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.
