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New York Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for New York on
Q: Hi, My name is Melinda and I'm 23 years old and my dad recently started sending me child support but I don't live

With my mother no more. But she hasn't given me any of that money. What can I do about that?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 17, 2020

You are not entitled to the support. Child support is for the parent that has residential custody. It sounds like your father never paid the full amount of child support due your mother so he is paying back support. That money belongs to your mother.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: My son is 9.and on 1 a month visatation with his grandmother.what age can he stop going on these visatations?

Have filled court papers

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 13, 2020

Unless there is a court order directing the month long visitation it can be stopped whenever you want.

1 Answer | Asked in Child Support and Family Law for New York on
Q: I have a 20 year old daughter, who will be 21 in a few months and her mother wants to file for initial child support.

I have a 20 year old daughter, going to be 21 later this year, and her mother has said that she intends to file for child support from the time of birth until now. There has never been a child support petition before nor any child support orders. Can she get child support for our adult daughter... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 10, 2020

She can only get support from the date of filing of the applicationto the date your daughter turns 21 she cannot go back to the time of birth.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have custody of both my children. My 18 yr old has moved to her mothers and both are planning to mover her into apt.

Will I have to pay support to her mother?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 5, 2020

Most probably you will have to pay support.

1 Answer | Asked in Child Support and Family Law for New York on
Q: If I move out on my own at 18 can I get child support from my parents?

My parents are separated and I live with my dad. I’m going to school and my dad is emotionally abusive and I can’t stay home any more. I’m thinking about moving out and since my mom is paying my dad child support I was wondering if I would get that money instead or possibly get child support... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 30, 2019

Based upon what you are saying you can probably get support. You should get a consultation with an attorney and go over the entire situation to get a more accurate determination.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: This is My 2nd daughter who has left my home, I have had full custody of 4 girls. Dad does not participate in

visitation. One minor disagreement where my daughter was dictating in my home. Her father came picked her up, and is buying her a car 2 days later,and filed for custody and support. Was ruled in 1st daughters case that it wasn't emancipation d/t still living w parent. Emotionally and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 10, 2019

You really need to sit down with an attorney who knows family law and discuss all of the facts of the case including the background and the age of your daughter.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can cps open a case of my boyfriend is 17 and I’m 14 but we have never had sexual contact

I was speaking to my guidance counselor about my relationship with my boyfriend and she called cps. Me and my boyfriend have never had sexual relations and we don’t plan on doing so either. How can I get out of this situation

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 4, 2019

CPS will probably just close the case as long as there isn't any abuse or sexual relations.

1 Answer | Asked in Child Support for New York on
Q: Can I receive Child support? I live in the “studio part of the house” He resides in the other part of the home.

Have 2 kids 7&10. I am w the kids 98% of the time. I have to often ask repeatedly for help w the kids bills.

Howard E. Knispel
Howard E. Knispel answered on Dec 2, 2019

If you are "living separately" meaning he does not contribute to the support of the children, ie. clothes, food, shelter, etc. then you can file for support.

1 Answer | Asked in Child Support for New York on
Q: Regards Child support, can I get retro payments even if child is legal age

Child is 19, in college receiving child support from non custodial parent and child wants to move out from custodial parents home, To my understanding child support ends once child leaves custodial parent home and becomes independent? But can I still get the Child Support Arrears that’s the non... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 26, 2019

Child support arrears never end until they are paid up. There is no statute of limitations and can be collected well after the child is emancipated.

1 Answer | Asked in Child Support and Family Law for New York on
Q: will there be an automatic offset in the child suport we recv if my son receives a ssd auxiliary lump sum payment in NYS

My son may qualify for a lump sum back payment for a time period of less than one year becuase his step father was approved for disability and the onset date would make my son a minor for a year. Will this effect the child support we receive for him?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 8, 2019

It will have no effect on child support being paid.

1 Answer | Asked in Child Support for New York on
Q: My husband is currently paying child support in full for 3 children. The youngest child is now living with us.

He makes $120,000 a year and she shows no income but has investments that pays all her bills and home ownership. He is currently paying $3000 a month for his three sons, which is above the legal amount already and now we are the custodial parents to the youngest. Looking to find out how much less... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 3, 2019

Child support for 2 children is 25% of gross - less FICA taxes (you only deduct FICA taxes from the gross). You need to file a petition for child support and modification of child support. If her investments give her an income, or if she draws on the principal, the court should consider that... Read more »

1 Answer | Asked in Child Support for New York on
Q: My son wants to live with his father.He owes 15,000 in child support. Will I pay child support or have it deducted?
Nina Mironenko
Nina Mironenko answered on Oct 3, 2019

You should file a petition for arrears, if you haven't already done so, and should receive a credit for any child support you may be ordered to pay.

2 Answers | Asked in Child Custody, Child Support, Family Law and Federal Crimes for New York on
Q: I was living with the child for two yrs. Found out it was mine. Then had to pay 10gs, along with support living there.

We had a child. She was on DSS for awhile and I joined with her. We had a kid but she told me it might not be mine. It's my first so I didn't know what to do so I stayed. Found out two years later it was mine. Then hit with a ten grand arrears and had to pay child support living with them. I don't... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 20, 2019

I would suggest that you negotiate with DSS

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1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on
Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

1 Answer | Asked in Child Support for New York on
Q: does child support stop if my daughter moves out even though in 10 years of shared custody he never took her? she is 19

She is only with him for a week he wants to stop paying me but for 10 years i had 4 kids with me with no break and now one week i feel this should still be paid until she is 21 she still comes to eat and do things at my house

Nina Mironenko
Nina Mironenko answered on Sep 4, 2019

No, a week at her dad's does NOT mean that he is the residential custodian. If she is still eating at your house and has her things at your house, then you have a very good argument that she is merely visiting with her father. The courts will normally consider a change of residential custody... Read more »

2 Answers | Asked in Child Support and Family Law for New York on
Q: Petitioning Family Court Alimony Child Support, new job 40% less pay. I am in New York State

Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 28, 2019

The court uses past income as a measure of what it is you are capable of earning. To get a downward modification, you need more than just a reduction in income, you have to show that the reduction wasn't your fault and that you have tried to get a position with the same or more income.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Petitioning Family Court for child support and alimony while your job was being eliminated. Court wants tax return prev

Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 28, 2019

I cannot provide advice relating to Illinois law

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1 Answer | Asked in Child Support and Divorce for New York on
Q: Can I sue my ex husband the father of my son after 16 years for arrears child support in NYS?

He stopped paying when the son was 18 y o.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2019

The short answer is yes you can. The statute of limitations for back child support was increased to 20 years.

2 Answers | Asked in Child Support and Family Law for New York on
Q: My child turns 18 in Sept. I was the non custodial parent. She lived with dad in CA and I paid child support to him.

Now she wants to live with me and will attend college in NYC. Can I file an order with the NY court and have him pay child support under NY law ? I have a support order with CA that ends when she turns 18. Does the NY court has jurisdiction to order the father to pay for her college ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 18, 2019

The answer is yes you can. In addition, if there is nothing in your CA order or your stipulation of settlement regarding college, you can also ask for a portion of the college costs.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: What are my options?

My sons father has not paid his court ordered child support payments in two months, what are my options? In addition, he has moved upstate NY and didn't provide me with an updated address. Per our visitation order, he was suppose to notify me. What are my options?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 13, 2019

You can file a violation of support petition. As part of that application request that he pay via income execution through the support collection unit. you can also refuse to allow visitation until he gives you his new address and you can file a violation petition in regard to the visitation... Read more »

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