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New York Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for New York on
Q: I am living in NY and I give 60 dollars weekly in ChildSupport she’s asking for more but she doesn’t work at all

She also has 2 more baby father that aren’t helping her but she wants to take more money from me . How much would a court dictate me to pay if I take her to court for child support . Also she lives in Puerto Rico

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 25, 2020

Child support depends on your income, without knowing your income it is impossible to say what you would have to pay. Speak with an attorney to get a better idea of your situation.

1 Answer | Asked in Divorce and Child Support for New York on
Q: If my income remains the same but my ex's income increases, can I pay less in child support?

I earn about 45,000/year and she about 20,000 year, but her income will likely increase to 30,000 or 40,000 in the next couple years. We have 50/50 custody, she is the custodial parent. Can i petition to have my child support payments decreased if this happens?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 16, 2020

The amount of support you pay will not change as it is essentially based on your income. However, you may be able to ask that the pro rata share of paying for the add ons (unreimbursed medical, child care etc...) should be changed.

1 Answer | Asked in Child Support for New York on
Q: My son is seven and his father and I have been off and on he has lived here but pays no support we have joint custody bu

But I am primary I want him to pay support for him. What do I do

Howard E. Knispel
Howard E. Knispel answered on Oct 5, 2020

You need to go to the Family Court and file a child support petition immediately.

2 Answers | Asked in Divorce, Family Law, Child Custody, Child Support and Immigration Law for New York on
Q: I have been married since 2015 and we have a child together—he is 5 years old.

Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 4, 2020

You need to post this in the immigration forum, not the family law forum.

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Is it illegal for my childs mother to have received support when she didnt have custody if my child?

Court case was opened requesting custody by childs great grandparents. In the court filing it was listed as my childs residence with them since 2016 when CPS removed the child from the mothers custody without any attempt to communicate this with me. Have been charged and paid support to a... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 30, 2020

You need to lawyer up immediately. Consult with attorneys to see if you can find a good fit and price. My office handles these matters regularly.

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1 Answer | Asked in Child Support for New York on
Q: What happens if custodial parent refuses to show their finances to the court for child support ?

Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 21, 2020

There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial... Read more »

2 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: Good morning. I have a family court/order of protection case coming up on September 28. I can not afford an attorney

And was told I might not qualify for a free court appointed attorney. What other options do I have?

Thank you,

Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this... Read more »

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

If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 10, 2020

While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can... Read more »

1 Answer | Asked in Child Support for New York on
Q: Due to emancipation child support terminated.Can one file for additional expenses now even though never brought up prio

Divorce was 7 yrs ago. Child support always paid on time. 1 child emancipated 1 year ago June (9 months after turning 21). Petition to modify to terminate due to 2nd child emancipating Jul 2020. Hearing this morning. Custodial parent who has never brought forth any requests for anything additional... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 10, 2020

If there was a prior court ordering those expenses to be paid, then it is a violation and the CP can go after them. If it was never in a court order, she can not now ask for them.

1 Answer | Asked in Child Support for New York on
Q: Can a dismissed Child Support Modification hearing be filed for again?

I had a child support modification hearing yesterday. The Custodial Parent did not show up and the case was dismissed. Can the custodial parent refile again?

Nina Mironenko
Nina Mironenko answered on Sep 10, 2020

Yes, unless it was dismissed "with prejudice".

1 Answer | Asked in Child Support for New York on
Q: I am non custodial parent and I got hurt in the job do I still pay?

I got hurt and have a case pending for disability and was told I can’t work while I have a case what can I do to get it reduced

Howard E. Knispel
Howard E. Knispel answered on Sep 8, 2020

You need to file a modification petition immediately. You will need to subpoena medical records and prove you are unable to work. Contact an attorney.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: My ex-wife's partner is mistreating my children but not enough to involve CPS.

I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.

My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.

1 Answer | Asked in Child Support for New York on
Q: I’m the custodial parent of a 16yr in NY moving to CT. Will the NY child support end at 19 or 21?
Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

In New York, Child Support orders generally end at the child's 21st birthday.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: I pay 1600 A month in child support and recently I found out that the mother moved to NJ. What rights I have?
Howard E. Knispel
Howard E. Knispel answered on Sep 6, 2020

Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.

2 Answers | Asked in Child Custody and Child Support for New York on
Q: I am filing for full custody of my child will the father still have to pay child support

The father has an active stay away child endangerment charge and there is an open domestic violence case

Michael J Stachowski
Michael J Stachowski answered on Aug 23, 2020

Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Does child support continue if my 18 yr old daughter is no longer living with her Mom.

I found out that my daughter is "staying" with her boyfriend and his stepdad.

Howard E. Knispel
Howard E. Knispel answered on Aug 20, 2020

You need to file a petition to terminate the support. It does not terminate on it's own. Contact a local Family Law Attorney.

1 Answer | Asked in Child Support for New York on
Q: Can a non-custodial parent paying child support deduct money to buy food for when the kids are with him and not the mom?
Howard E. Knispel
Howard E. Knispel answered on Aug 12, 2020

No. Court ordered child support already contemplates your expenses when the child is with you. You can deduct expenses that are court ordered for you, such as your share (pro-rata) of the medical and education expenses if it is in the court order. Talk to an attorney for more specific information.

1 Answer | Asked in Child Support for New York on
Q: In March my son moved in with me. He’s 16 years old. His mother and stepdad are separated and seeking divorce.

My son wants to live me. Me and my exwife agreed out of court for this. We have joint custody in which she’s primary residentence.

I pay her child support as our divorce Cree. Since my son lives with me now do I still pay her child support?

Howard E. Knispel
Howard E. Knispel answered on Aug 12, 2020

You need to go to court and get new court orders for custody and support. Contact a local attorney. Untill you get a new order the old orders still apply even if you and the mother agreed otherwise.

2 Answers | Asked in Child Support and Divorce for New York on
Q: Child support breakdown inquiry

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

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 »

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2 Answers | Asked in Child Custody, Child Support and Divorce for New York on
Q: I have two kids. My soon to be ex husband is petitioning for full custody for one, and I for both. Lets say the court

grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?

Michael J Stachowski
Michael J Stachowski answered on Jul 21, 2020

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 »

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