I make 120k, my mother's children makes 50k; we have 3 children - what would be the accurate child support breakdown given that we have surpassed the combined income gap. Does she have to petition for anything above that cap and can I get the support modified? currently we have 50/50 joint... Read more »
It is impossible to accurately answer your question without more information. However, as a general answer the courts generally go over the cap when there isn't a significant overage. Child support is generally awarded to the lower earning parent. Support can only be modified upon a showing...Read more »
Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support...Read more »
If you are in court, the father still has the right to ask for a trial on the issue. In most cases the father just consents to the court issuing an Order of Filiation which says he is the father. After that, the court will have a hearing on child support unless the 2 of you agree on a support...Read more »
I have a visitation order in NY for my daughter i live in NJ , I haven't been successful in acting on it very much since the mother its not cooperating with the order . In the mid of 2018 i lost contact physical and digital with her and daughter and I've trying ever since i also filed... Read more »
This was posted previously and answered. The process hasn't changed. If you are asking how much this matter will cost it would be difficult for any attorney to give you a figure as it all depends on how much time will be spent on the case and if there will need to be a trial.
Without more information it is hard to give an answer. However, if the children lived with the father and she did not pay support at that time she is in "arrears" and owes back money so there would be a garnishment, the same is true if there is an order of support that was never changed.
In NY child support terminates at the age of 21. Early termination is extremely difficult. You would need to prove the child is currently self supporting with a full time job. Contact an attorney to talk about your specific circumstances.
Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me
If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new...Read more »
Child support ends at 21. The court does not have the power to extend support beyond 21. The court however can enforce agreements that provide for support or college and even graduate school beyond 21 only if it was agreed to in WRITING.
Divorcing, but have been living separately for 1 year. I am paying 60% of 20 year old child's health dental and car insurance premiums, as well as 60% of cell phone bill in an agreement that we worked out on our own.
Child lives with father. I left the marriage after 23 years due to... Read more »
For a child to be considered emancipated prior to 21 years old, the child must be self supporting. A child who works part time but is still relianty on the custodial parent, is still entitled to be supported by the non custodial parent.
The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »
I have two daughters with my ex one is 19 I was told they go by NY guide lines does that mean he will pay child support for my 19 year old daughter if I file? I never received child support except threw a restraining order when my oldest was 3 years old, but only for a few months. It never went... Read more »
You are asking a question about New York or PA law, on a Maryland Q&A forum. You should set the geographic area to NY to get a proper answer. That said, I am unaware of any state law that provides for child support after a child reaches the age of 19. You daughter is an adult and is deemed...Read more »
While child support is paid by the non-custodial parent and the basic child support would likely not change, the pro-rata split of additional reimbursements would also likely remain unchanged. Things such as child care, medical costs, educational costs, etc, if they are reimbursed at a certain...Read more »
Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over...Read more »
I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »
If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.
You must follow the court order as written. If you need to change that, you need to file a petition for modification. Even if you case is not heard right away as the courts are closed, your petition will be filed and any modification award would be retroactive to the date of filing.
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