Get free answers to your Child Support legal questions from lawyers in your area.
My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... View More 
answered on Jun 1, 2021
That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.
I get child support which goes towards a bill
answered on Apr 29, 2021
Child support is meant to cover shelter, food and clothing for the child. Certainly a non-custodial parent should have clothing for the child during his/her parenting time, but usually clothing is the responsibility of the custodial parent.
answered on May 5, 2021
Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... View More
My ex wife is trying to take me to court once again to increase child support payment I’ve not missed a payment it gets taking directly out of my check from my current employment and she’s constantly harassing me I have reason to believe she somehow found out my disability no very legal then... View More
answered on Apr 6, 2021
Actually, disability IS a form of income for child support purposes. Thus, if you both receive disability + job income, they'll both count for support calculation purposes. Schedule a consult with a NYC Child Support Attorney for a full assessment.
Is it possible in NYS for my son's mother to petition me again even though a deal was made privately and I received a signed letter from the magistrate stating the case was dismissed for failure to appear. I have text messages about the deal we had made along with a receipt for a bank check... View More
answered on Mar 16, 2021
A private out of court agreement, unless signed by the court, is not valid to modify a coutr order, and is not itself a court order. However, it can be evidence to show the court. As such, your ex can still petition you to go to court. Also, if there was any public assistance involved and the... View More
Do I have to go to Long Island and file or can it be done through mail?
answered on Mar 13, 2021
You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.
answered on Mar 12, 2021
What Court entered the child support order? If the child support order was issued by a NY Court, then child support is paid until 21.
New York State. Did not receive a single dollar even though the money is supposed to be to support myself? Have lived on my own and didn’t go to college. She received 6,000 in arrears from my father is she entitled to keep all of that from me???
answered on Mar 12, 2021
Child support is paid to the parent until the child is 21. If the monies your dad is paying is arrears, then it is money that was due while you were living with her. The money is due to her.
My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?
answered on Mar 3, 2021
He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.
answered on Mar 12, 2021
He would need to subpoena his doctors in to testify that he can't work. Has he filed for disability? He has to prove to the Court that he cannot work and it is not an easy thing to prove.
Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.
answered on Mar 2, 2021
Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... View More
answered on Feb 28, 2021
The short answer is yes - child support generally continues in NY until age 21 unless the child is emancipated. If the child's attending college, then generally the non-custodial parent would not only pay basic support, but also pay his/her share of college expenses as well. Schedule a... View More
Non custodial parent has not paid any current child support since December of 2019 as of February 2021 he owes 4800.56 in arrears with the last tax intercept being March 2020 if I take him to court for a violation hearing and I do end up getting another tax intercept refund for his arrears before... View More
answered on Feb 28, 2021
If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the... View More
I use to live in NY. Moved with my ex into his moms house in Missouri. I got Foodstamp’s to feed my kids. Put my ex on child support in 2015. I moved to Georgia. Had to get Foodstamp’s again. They told my ex an order was entered in April of 2020 and I told them he made $100,000 a year. We were... View More
answered on Feb 23, 2021
If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live... View More
answered on Feb 18, 2021
Unless you have an divorce agreement that says support continues beyond the age of 21 all support obligations for a child end at 21.
The family of the male does not want to be involved in the upbringing of the child and would rather the child be put up for adoption, while the family of the female plans to raise the child. Are there any legal obligations/responsibilities regarding the male or his family since both of them are... View More
answered on Feb 17, 2021
The male will have to pay child support. That obligation may wait until he turns 18 but at some point he will have to pay.
My income was verified & her wasn’t. She lied about employment & the court reused to verify. Can I get the case overturned?
answered on Feb 19, 2021
The Court does not have an obligation to "verify" her income. That's your responsibility - you could have, for example, issued her a disclosure notice and/or served subpoenas. Schedule a consult with a Bronx Child Support Attorney for a full assessment.
And the mother is receiving and keeping the money
answered on Feb 14, 2021
File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.
I have been representing myself and have been badly taken advantage of by the opposing attorney. I cannot afford an attorney and need technical advice, I can do all the filing and writing, it is a child support case. Is there anyone willing to help ?
answered on Feb 18, 2021
This is something that the attorneys here who work with child support matters would know best, but your post remains open for a week. It's going to be difficult for someone to get back to you because this forum is not set up like an attorney referral service - its just a Q & A board. You... View More
My son is not going to college and his father only lives at the same residence part time (according to my son). Do I still need to pay child support since my son is working full time?
answered on Feb 11, 2021
The issue is whether your son is "self supporting". While working full time is one variable, if he is making minimum wage and unable be support himself, the court can continue child support.
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.
