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New York Child Support Questions & Answers
1 Answer | Asked in Child Support and Divorce for New York on
Q: what does incorporation by reference without merger and continuation during action of divorce
Howard E. Knispel
Howard E. Knispel answered on Jan 25, 2021

It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.

1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.

The divorce decree was from NY .

Howard E. Knispel
Howard E. Knispel answered on Jan 19, 2021

Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.

1 Answer | Asked in Child Support for New York on
Q: I am the custodial parent. The non custodial parent has not paid child support in over a year. It is now last 5,000.

I am single parent on government assistance and in school. The non custodial parents has more than $5000 worth of support. I was told as long as I am on public assistance I will not receive child support. He has not worked at all and there is another child he has as well. I live in NYC how will... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 16, 2021

If you are on public assistance, any child support collected goes to the Department of Social Services. They can go after him to reimburse them for your public assistance.

1 Answer | Asked in Child Support for New York on
Q: I owe arrears to my daughter’s mother. She passed away and I was awarded custody. What happens to the arrears ?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

Typically the order can be terminated on death of a parent, but if there are state-owed arrears, the will collect until their debt is satisfied. You may need to file a pleading with the court to terminate the support, otherwise the state may continue to collect. A copy of the death certificate is... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

Theodore Alatsas
Theodore Alatsas answered on Jan 7, 2021

Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... Read more »

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1 Answer | Asked in Child Support for New York on
Q: My daughter is 18 and graduated HS and is working 25-40 hours a week but is taking college courses, entiled 2 support?

Is mother still entitled to support?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Your state’s child support law dictate the answer to this question. You will need to consult with a licensed family law attorney for specifics.

1 Answer | Asked in Child Support for New York on
Q: i was incarcerated for 6yrs straight and was indigent due to this incarceration. At which time child support did not

freeze payments until i was released to get employment to pay. Shouldnt the payments that i was billed for during that period be voided?

Howard E. Knispel
Howard E. Knispel answered on Dec 30, 2020

No. Your obligation of child support continues during your incarceration.

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Can a Support Magistrate reduce child support after the other party admitted unemployment fraud on the record in NY?

The other party is trying to get child support reduced. He admitted he does side jobs and has turned down 3 jobs without telling unemployment.

Howard E. Knispel
Howard E. Knispel answered on Dec 22, 2020

The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.

1 Answer | Asked in Child Support for New York on
Q: Will NYS automatically stop deducting child support from my paycheck when my child turns 21?

My child will turn 21 in 3 months. Will NYS automatically stop deducting child support from my checks each month when he turns 21? I do not owe arrears and there are no stipulations in my divorce agreement that I pay beyond 21. I live across the country and would rather not have to file a... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 20, 2020

No. Since people can agree to extend child support past 21 in certain circumstances, the CSEB does not automatically terminate child support. You need to contact CSEB and you may need to file a petition. Contact an attorney in the county where the case is filed.

1 Answer | Asked in Child Support for New York on
Q: If I'm legally married to my wife and were on a public assistance case together with our children why am I paying supp?

Also my taxes have been seized 3 years in a row despite the fact that were are married and are both the custodial parents and have been married for the last 4 years. So public assistance has been taking our tax return saying I owe them.

Howard E. Knispel
Howard E. Knispel answered on Dec 18, 2020

Are you two living together? If so, you should not be paying child support. However, if you are not, then you are obligated to pay support. You should talk to an attorney.

2 Answers | Asked in Family Law and Child Support for New York on
Q: At the time of my divorce my youngest child was 17. My husband had no income but had filed for SSDI

which was approved shortly after the divorce was final. My son is now 20. Can I file for back child support?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 18, 2020

If there was a child support order that was entered, then you can file for any arrears that accrued. In terms of new child support, child support is retroactive to the date of filing for support it cannot go back before that. In NY child support is payable until the child turns 21.

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2 Answers | Asked in Child Support for New York on
Q: My husband owes back child support but is paying. We want to buy a house. If his name is on the deed and he falls behind

in support in the future can they put a lean on our home? If so, would leaving him off the deed prevent that?

Howard E. Knispel
Howard E. Knispel answered on Dec 13, 2020

If his ex gets a judgment for support arrears that becomes a lien on property. If his name is on the deed the judgment will need to be satisfied. If his name is not on the deed, the judgment can not attach to the property.

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1 Answer | Asked in Child Support for New York on
Q: How can I violate someone for failure to pay support if I don’t want to face them in court because of past abuse?

Me ex is 2 years behind and owes about $33,000. He owns his own business and I have provided all necessary information for them to find assets and bank accounts. When I call to speak to the CSEU they tell me they have done everything they can and that they don’t have his employer or bank account... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 11, 2020

Although this is put in the New York jurisdiction area, your address says New Jersey. If this is New York, currently all New York cases are being done virtually.

1 Answer | Asked in Child Support for New York on
Q: I received a letter that my judgement has been satisfied in my child support case. Does that mean my case is closed?

In May 2019 a warrant was put on my name by the state of New York regarding my child support case where it was determined that I owed $22,635.00 in rears.

On Friday, 12/04/2020, I received a letter from the state telling me that my judgement has been satisfied, the warrant, therefore,... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 6, 2020

Yes.

2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?

Howard E. Knispel
Howard E. Knispel answered on Nov 16, 2020

Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.

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1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: if their is already a custody paper set can i just send in the copy of that or do we have to go through that again

Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why... Read more »

1 Answer | Asked in Child Support for New York on
Q: If you have a open case of child support in New York and your Ex takes your kids and move to Florida without any notice
Howard E. Knispel
Howard E. Knispel answered on Nov 9, 2020

Has there been a determination of custody yet? If not, you need to file for habeas corpus immediately. If there is and your ex has custody, file a custody petition to change custody. Contact an attorney to file in Family Court in NY.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My question is my Ex move from New York to Florida without any permission from the court it's been 14 yrs now I'm lost
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 9, 2020

You haven't stated what the problem is. If he moved alone without the children, he didn't need permission from you or the court.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son is 8 month old and my son's father have only given me 700 towards him financially i already sent out the child s

Support documents to the family court my question is can i file for back payment when my case finally reach in court?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 3, 2020

Support will be retroactive to the date you filed the petition.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My children's father stated he got a letter raising his support from 734 a month to 1,100. I didnt

receive a letter from family court. He is refusing to show me the letter and is blaming me. Can family court up child support without both parties being informed?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 2, 2020

He got the letter because he has a right to object to the increase and go to court to fight it. If he doesn't challenge the increase you will be notified by support collection of the increase. If he goes to court, the court will decide how much the support will increase (usually its the... Read more »

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