Lawyers, Answer Questions  & Get Points Log In
New York Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Support and Child Custody for New York on
Q: My ex wife has moved to a different state, before moving we agreed on a new visitation an was so ordered by the court.

Child support was also in the document we brought to court (we agreed to terminate support) which was notarized and signed by both parties. The court could only grant the visitation and was told we would need to petition the court for the child support case since it is a different department.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 7, 2022

The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 30, 2022

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court since 2007 my ex is 35,000.00 in arears I recently filed court papers

He refuses to pay the minimum which is 50$ a month I can not afford a private attorney and I make too much for. A public defense please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court with my ex since 2007 he is 35,000.00 in arears and he will not get a job on the book

Because then he will have to pay please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Child Support for New York on
Q: Mother of my son used to live in nc, she’s claiming child support there, has lived in Ny for the past 9?

We both lived in nc, but before she left she had child support taken out against me while I was in college and I wasn’t aware. She moved to New York a few months after my son was born 2011. She has been living in New York since 2012….. we both live in New York at the current time. But my... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 19, 2022

A valid child support order is enforceable throughout the country. Unless there is a need for a modification, the order is enforceable.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My grandson has lived with me for 2 years...child support has been garnished from my son's paycheck going to the mother

Can I take her to court to get the support since I cared for him..

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

Yes, you can. You are entitled to receive support from both parents.

1 Answer | Asked in Child Support and Family Law for New York on
Q: I been receiving child support for since 2016 and since 1/1/22 I haven't received any money since the how do I fix this

I check on the child support website he does any he owes me money this never has happened before . Iv also mentioned it to him but no answer

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2022

Contact Child Support Enforcement Bureau. If he hasn't paid a d the order is still in effect you can file a violation petition in Family Court.

1 Answer | Asked in Child Support for New York on
Q: I have a child support question
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2022

Your question is...?

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 14, 2022

Once a permanent child support order is issued, the arrears dates back to the date of filing.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 12, 2022

You would need to file a petition with Family Court to relocate with your children. You would need to show that it would be in their best interests. The Court would look at a number of factors such as the relationship between the children and their father and how the move would improve the... Read more »

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 6, 2022

Former Governor Andrew Cuomo said it best, "You can get away with anything as long as you don't get caught." This principle is especially pertinent with children and families. The asker can depart and the left-behind parent does nothing. Six months later, the asker is free and clear.... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »

1 Answer | Asked in Child Support for New York on
Q: If the noncustodial parent owes over 10,000 & just started paying a week ago .. is he still able to get introuble.

Noncustodial parent just started to pay child support but custodial parent is threatening to report him for not paying. Can he legally get introuble if he just started paying

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 29, 2022

Legally he can still "get in trouble" ie. Lose his license or even jail. The court will take into consideration his payments, but unless he is paying toward his arrears, he is not making a dent.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Will I be restricted from traveling if I received a notification about passport denial?

I received a notification stating any tax credits will be intercepted to credit current CS arrears and a passport denial. I currently have an active passport and will be traveling abroad soon. Will I be restricted from traveling due to notification? Will I be arrested upon leaving or arriving? If I... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 13, 2022

Upon notification of passport denial, the asker will be blocked from boarding a plane outbound. If the asker is out, then he'll be blocked from being inbound. Paying the arrearage clears up the block right away, but in these days of global panic and government incompetence, the amount of time... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: I need immediate help in New York State I’m a low income veteran i can pay monthly no more than 1k i need help with

A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 10, 2022

You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.

View More Answers

1 Answer | Asked in Child Support for New York on
Q: Are all w-2 used to calculate child support.
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 20, 2022

Child support calculations take into consideration ALL income and the court can even impute income to those that are under-employed.

1 Answer | Asked in Child Support for New York on
Q: Ex boyfriend was on reserve /active orders 2016-2021. During child support hearing didn’t provide all income for 2021.

He was getting income from military and partial pay with nypd. Claims no longer employed which is reason for not showing w-2

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

Not sure what the question is. Has there been a final order issued yet? The court can impute income. You need to speak to an attorney who could review your case.

1 Answer | Asked in Child Support for New York on
Q: Hi, What is the statute of limitations from the last court order on child support collection enforcement? NY

I am being denied SS and other things based upon the last court order of approx. 25 years ago. I need to know the statute name/number and what that actual Statute of Limitations is for collection enforcement for the State of New York.

I also wish to pursue a Federal Court ruling on the... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 30, 2022

There is NO statute of limitations on the collection of arrears of child support. The collection of any arrears can be enforced forever.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: How do I prove I am currently living alone? I live in a detached house by myself.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 29, 2022

Without stating for what purpose, we really don't know how an asker can prove he lives alone. If this is for a court proceeding, the asker can simply testify he lives alone.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.