Get free answers to your Child Support legal questions from lawyers in your area.
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More 
answered on Jan 27, 2023
The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
answered on Jan 27, 2023
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
The mother believes the child support money is hers and refuses to give the money to the child to have. The child is 18 years old and is attending college. The child has no job and goes to college outside of the state the child support is issued in. The mother either wants the money or wants to end... View More
answered on Jan 25, 2023
The answer is yes - so long as the child is no longer residing with the mother. A Child may self-petition for child support pursuant to Family Court Act 422. For a full assessment, schedule a consult with a Bronx Child Support Attorney.
answered on Dec 25, 2022
By trying to have your child pay rent while receiving support payments, she may be misrepresenting her needs to the court. Family Court Act Section 413 (The Child Support Standards Act) provides that the non-custodial parent must pay the "basic child support obligation" in a percentage of... View More
How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.
answered on Dec 26, 2022
In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held... View More
I reside in NY now for many years. Child lives with her mom in another state. The birth certificate was signed in PR many years ago. Recently it has come to light through paternity test that the child is not mine. I want to stop payments and take my last name as father from the birth certificate.... View More
answered on Dec 25, 2022
I agree with the previous lawyer. Jurisdiction over your matter is restricted to the child's state of residence pursuant to the Uniform Interstate Family Support Act, UIFSA, codified in New York at N.Y. Fam. Ct. Act § 580-101. If you file in another state, your case will likely be dismissed... View More
Section 424-A Compulsory Financial Disclosure of the Family Court Act only requires a party to file all the compulsory documents with the clerk of the court. However, the Support Magistrate Assistant took it upon herself to the send the documents via email to the other party’s attorney. Is that... View More
answered on Dec 17, 2022
Anything you file with the Court is supposed to be served ion the other side. As such, if you did not do so, then it was quite appropriate for the Court to send the other side a copy of what you submitted. For a full assessment, you should Call a Westchester Family Law attorney to schedule a... View More
I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More
answered on Nov 30, 2022
The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.
there was never an order for child support payment from the non Custodial Parent due to her mental health and homeless on public assistance with addiction issues. I was working and did not wish to collect child support knowing the incapable status of the non Custodial Parent.
answered on Nov 16, 2022
If there are arrears, there must have been some order. A custodial parent can waive arrears unless there was public assistance, in which case only the Department of Social Services can do it since the arrears would be owed to them.
Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.
answered on Nov 9, 2022
Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.
My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?
answered on Oct 23, 2022
It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.
I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... View More
answered on Oct 7, 2022
The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... View More
My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... View More
answered on Oct 3, 2022
You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... View More
I would like to know what will happen next as I believe he did it purposely to escape his childsupport obligations
answered on Sep 20, 2022
Moving to PR will not allow him to escape his obligations for child support.
So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... View More
answered on Sep 14, 2022
First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... View More
I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.
Their mother... View More
answered on Sep 11, 2022
You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.
answered on Sep 5, 2022
You should consult with an experienced family law attorney. It is possible that you can petition to terminate your support if there is sufficient evidence to show that your daughter is effectively emancipated prior to the age of 21. But if you were ordered to pay support you cannot just... View More
My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.
answered on Sep 2, 2022
You should consult with an experienced family law attorney. It is possible you can get a modification to pay only when he’s with mom or if appropriate, to terminate support if you can show he’s emancipated earlier than 21. The cost of any attorney to assist you should be worth the support... View More
My daughter’s father has a job working only 8 hours a week and he claims he provides a free public service of digging rocks and minerals and donating them, which he claims is at $20/hr loss to him and he really sells them “under the table” where the paper trail doesn’t lead back to him. I... View More
answered on Sep 1, 2022
Why haven't you retained counsel to handle these matters? Your attorney would be best suited to walk you through this information! Generally, it depends on what the temporary support order details.
I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?
answered on Aug 30, 2022
Your father could file a petition on your behalf or if you’re 18 you could file a petition
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