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New York Child Support Questions & Answers
1 Answer | Asked in Child Support for New York on
Q: Does the court considered both my disability and employment for child support in the state of New York.

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... Read more »

David Ivan Bliven
David Ivan Bliven 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.

1 Answer | Asked in Child Support for New York on
Q: I was petitioned for child support, but an agreement was made and adjudged and dismissed. I was served again for same.

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... Read more »

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

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter will be turning 21 in March 2022. When should I file to have it stopped. I also live in PA she lives in ny.

Do I have to go to Long Island and file or can it be done through mail?

Howard E. Knispel
Howard E. Knispel 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.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My mom has been claiming child support my father has sent her for the past 6 years even though I have been emancipated.

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???

Jodi Ann Donato
Jodi Ann Donato 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.

1 Answer | Asked in Child Support for New York on
Q: I live in NY and my son lives in VA with dad. Do I pay child support until he turns 18 or graduate from H.S
Jodi Ann Donato
Jodi Ann Donato 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.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

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?

Lawrence Allen Weinreich
Lawrence Allen Weinreich 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.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My ex has filed a modification stating he has not worked in a year and has other surgeries pending, will he pay less?
Jodi Ann Donato
Jodi Ann Donato 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.

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1 Answer | Asked in Child Support for New York on
Q: I have an on going stipulation for separation for 3 years. We haven’t settled yet . Within that time my ex had a 10%

Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.

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

1 Answer | Asked in Child Support for New York on
Q: Child support violation hearing

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... Read more »

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

1 Answer | Asked in Child Support for New York on
Q: Do I still have to pay child support if child goes out of state for college an live with his mother
David Ivan Bliven
David Ivan Bliven 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... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: My ex said A child support case got entered in April of 2020. How is that possible when I don’t live in his state?

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... Read more »

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

1 Answer | Asked in Child Support for New York on
Q: Is a support case valid if the custodian parent employment wasn’t verified & lied about being employed?

My income was verified & her wasn’t. She lied about employment & the court reused to verify. Can I get the case overturned?

David Ivan Bliven
David Ivan Bliven 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.

1 Answer | Asked in Child Support for New York on
Q: How can I go about finding an attorney who would work with me just to advise.

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 ?

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son is 28 with disabilities since birth, does NY have a Law that absent parent has to pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich 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.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If a minor (14M) gets another minor (14F) pregnant, is there any legal responsibility for the male?

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... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich 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.

2 Answers | Asked in Child Support for New York on
Q: How can someone stop paying child support when they now live on there own and have a job and no longer go to college ?

And the mother is receiving and keeping the money

Howard E. Knispel
Howard E. Knispel 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.

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1 Answer | Asked in Child Support for New York on
Q: My 18year old has graduated high school, is working 40hrs and lives with his father. Do I still have to pay support?

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?

Howard E. Knispel
Howard E. Knispel 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.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Legally separated since 2016. Can parts of separation be changed when filing for final divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 10, 2021

You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter is 18, lives at home with her mom and has a 3 month old baby,In NY. Am I obligated to pay child support ?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 8, 2021

You should speak with an attorney immediately. You will need to show him your divorce decree and stipulation of settlement if you have one. If your daughter is going to school you will probably be required to continue support payments.

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.

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