Get free answers to your Child Support legal questions from lawyers in your area.
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?
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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.
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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?
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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
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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
answered on Mar 21, 2023
Child support is based on a statutory formula up to the threshold. Beyond the threshold the amount is discretionary.
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More
answered on Mar 7, 2023
Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.
I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?
answered on Feb 28, 2023
(This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop... View More
Support stopped on his bday the day before being admitted to Memorial Sloan Kettering.
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answered on Feb 16, 2023
There is a sweeping change to New York's child support law, but it applies to mental disabilities and only extends the age out to twenty six (26).
The new law amends the domestic relations law and the family court act to allow custodial parents or caregivers of children with... View More
My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.
answered on Feb 6, 2023
You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.
Do I have to pay her?
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answered on Feb 13, 2023
Assuming there was an order of support payable to the grandmother, then yes, arrears are due that grandmother no matter the age of the subject child. There is a twenty year statute of limitations for collections of arrears, so a fifteen year obligation is still due and owing.
If there was... View More
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
answered on Feb 1, 2023
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... View More
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