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New York Child Support Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: My has been paying the mortgage since we got divorced. He then stopped paying child support. He says he has a right

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.

Howard E. Knispel
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Howard E. Knispel
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... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: In New York, how often and under what circumstances can a child support be modified?

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... Read more »

David Ivan Bliven
David Ivan Bliven
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... Read more »

3 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: In New York, how often and under what circumstances can you modify a child support order?

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... Read more »

Howard E. Knispel
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Howard E. Knispel
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.

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1 Answer | Asked in Child Support and Family Law for New York on
Q: can a child over the age of 18 receive direct child support payments in new york?

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... Read more »

David Ivan Bliven
David Ivan Bliven
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.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I’m considering dating a single mother that’s serious about commitment. What can I do to protect from paternal estoppel?

How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.

Howard E. Knispel
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Howard E. Knispel
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... Read more »

1 Answer | Asked in Child Support for New York on
Q: I pay child support to my ex-wife for three children. Our oldest child is 19. She wants him to pay rent. Is that legal?
Daniel Michael Luisi
Daniel Michael Luisi
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... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: I have a child support case in NY The birth certificate was signed in PR DNA proves the child not mine. How do proceed?

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.... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
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... Read more »

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Is one mandated by law to provide the financial documents submitted to the court to the other party in child support?

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... Read more »

David Ivan Bliven
David Ivan Bliven
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... Read more »

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2 Answers | Asked in Child Custody and Child Support for New York on
Q: Child custody and child support

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... Read more »

Howard E. Knispel
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Howard E. Knispel
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.

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1 Answer | Asked in Child Support for New York on
Q: can a Custodial Parent waive the non Custodial Parent child support arrears.

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.

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: When a mother name her child with the fathers last name and leaves the father part blank on the birth certificate.

Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: My ex-husband agreed to pay college and isn't. What state do I start the legal process?

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?

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: Can I use photos / text messages as evidence ? Instead of a police report

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... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

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... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
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... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Hello I put my childrens father on child support and our final hearing is tomorrow .I live in nyc he moved to PR

I would like to know what will happen next as I believe he did it purposely to escape his childsupport obligations

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 20, 2022

Moving to PR will not allow him to escape his obligations for child support.

1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

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... Read more »

Mary Theresa Colwell
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Mary Theresa Colwell
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... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

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... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

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1 Answer | Asked in Child Support and Family Law for New York on
Q: My daughter is 18 and graduated high school has a baby has job not going to college lives with mom can I stop support
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
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... Read more »

2 Answers | Asked in Child Support for New York on
Q: My son is 18. He pays for his college tuition and dorm room. He works part time. Do I still pay support?

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.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
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... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Can a noncustodial parent choose not to work full time?

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... Read more »

Victor M. Feraru
Victor M. Feraru
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.

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