There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in...Read more »
If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... Read more »
If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.
My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »
So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of...Read more »
I have a support order over 40k in arrears and somehow he is a free man! He is working because his iron worker union has told me but support collection doesn't get a response from employer. Should I hire a lawyer?P.I ? I have tried by the book and he gets away with no responsibility at all!!
You should file a violation petition - with the aim of obtaining a money judgment. Among other things, the money judgment accrues 9% interest on the arrears. It also allows you to take action if SCU isn't - you can (via an attorney) move to garnish wages, seize money from his bank accounts,...Read more »
I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?
Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.
Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any...Read more »
Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is...Read more »
Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no... Read more »
You are entitled to whatever is in your court order. The amount you receive could be because, by law, the CSCU can only take up to 65% of disposable income. If the payor received less income, you might have received less disbursement, but the remainder is still owed to you and becomes arrears.
I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... Read more »
The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full...Read more »
My ex-husband had not paid in about 4 years. He was in another state and working under the table. Unbeknownst to me, he started making payments. No one ever contacted me and I never received any payments from the SCU. What is my recourse??
Court order states any overpayments made to other party I am to be credited. The support unit is refusing to comply. Courts state this is a support issue only. Support says go to small claims, small claims says no this is a support issue. Support still refuses to comply. spoke to two supervisors... Read more »
Screenshots of old Facebook post from child's father badmouthing the mother calling her names and threatening violence against her example being somebodies gonna blac youngsta my dumbass baby mama and how far back can I go there is years worth of bad mouthing the mother on his Facebook page
My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »
Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same...Read more »
My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »
Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole...Read more »
I probably should have filed when my baby was born but I went through a very long recovery and the courts were closed in NY. I was trying to work out a deal with my ex amicably. Are there any circumstances that would allow NY to award us retroactive child support from birth? My daughter is 8 months... Read more »
Because of Covid and a long recovery from post partum, I wasn’t able to file until recently. My daughter is now 8 months old and we haven’t received any child support from her dad. He was there for the birth of the baby but did not sign the acknowledgement of paternity or birth certificate.
My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... Read more »
Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... Read more »
I filed for modification in June and have no income to pay the support. I have paid as much as I can and have fallen behind. I'm afraid they will take my license or send me to jail. I am behind 3 payments this week. They told me it can take up to 60 days for a decision and will go back to my... Read more »
Before you can be sent to jail, there must be a violation petition filed and a decision that you willfully failed to pay the support. Based upon what you have written, you cannot be sent to jail. Your license can be suspended but that depends on just how much you owe for how long.
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