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New York Child Support Questions & Answers
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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1 Answer | Asked in Child Support and Criminal Law for New York on
Q: If a parent doesnt pay childsupport for several years, and has the money but lies, can that be charged w child neglect?

he moved to another state in order to not pay it and constantly lies.

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

No. But he could be incarcerated for contempt of court or perjury.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Did a dna test The result he is father what’s next
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 17, 2020

If you are in court, the father still has the right to ask for a trial on the issue. In most cases the father just consents to the court issuing an Order of Filiation which says he is the father. After that, the court will have a hearing on child support unless the 2 of you agree on a support... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Information about NY non-custodial visitation.

I have a visitation order in NY for my daughter i live in NJ , I haven't been successful in acting on it very much since the mother its not cooperating with the order . In the mid of 2018 i lost contact physical and digital with her and daughter and I've trying ever since i also filed... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

This was posted previously and answered. The process hasn't changed. If you are asking how much this matter will cost it would be difficult for any attorney to give you a figure as it all depends on how much time will be spent on the case and if there will need to be a trial.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My friend said she's getting her wages garnished for child support when her only two children reside with her. How?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Without more information it is hard to give an answer. However, if the children lived with the father and she did not pay support at that time she is in "arrears" and owes back money so there would be a garnishment, the same is true if there is an order of support that was never changed.

1 Answer | Asked in Child Support for New York on
Q: Can a parent have the child support terminated when the 18 year-old child did not graduate from HS and still enrolled?
Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

In NY child support terminates at the age of 21. Early termination is extremely difficult. You would need to prove the child is currently self supporting with a full time job. Contact an attorney to talk about your specific circumstances.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Can you be retroactive charged for child support if you received an increase of pay or switched jobs to a higher salary?

Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me

Back to court?

Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Child (over 18 ) moved in with me. Divorce silent on child support when roles reverse. Am I entitled to child support?

Child will be attending college full-time in the fall. Former physical custodial parent won't contribute for her support (divorce grants joint custody, but physical custody was with mother).

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 28, 2020

Yes you can go to court and request child support and contribution for college if you are paying for college.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 26, 2020

Child support ends at 21. The court does not have the power to extend support beyond 21. The court however can enforce agreements that provide for support or college and even graduate school beyond 21 only if it was agreed to in WRITING.

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1 Answer | Asked in Child Support for New York on
Q: My I have a 16 yr old and a daughter that turned 21 in may . After we modify will I owe him back to may 21

I live in ny

Howard E. Knispel
Howard E. Knispel answered on Jun 23, 2020

Support modifications are retroactive to the filing date of the petition.

1 Answer | Asked in Child Support for New York on
Q: In NYS, child is 20 years old with part time job, not in school. How does this effect child support payments?

Divorcing, but have been living separately for 1 year. I am paying 60% of 20 year old child's health dental and car insurance premiums, as well as 60% of cell phone bill in an agreement that we worked out on our own.

Child lives with father. I left the marriage after 23 years due to... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 23, 2020

For a child to be considered emancipated prior to 21 years old, the child must be self supporting. A child who works part time but is still relianty on the custodial parent, is still entitled to be supported by the non custodial parent.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: With joint physical custody does one parent owning home and other renting impact what school child attends?

The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 23, 2020

Owning or renting a home ios not a relevant factor, in and of itself, in determining custody.

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1 Answer | Asked in Child Support for New York on
Q: Son moving in with me

My son turned 18 this week and has decided to move in with me. He has informed his mother of his intent. What do I do regardiregarding child support payments I pay her?

Howard E. Knispel
Howard E. Knispel answered on Jun 22, 2020

You need to file a petition to modify support. You are entitled to child support if the child is living with yopu, until the age of 21.

1 Answer | Asked in Child Support for New York on
Q: I never requested child support for my now 21 year old daughter can she or I request back child support from the father

I have not been employed since March of 2019 and am living and supporting my daughter with my savings and paying for her college with a 529

Howard E. Knispel
Howard E. Knispel answered on Jun 22, 2020

No. Child support trminates at 21. You can not get child support retroactively. If there was a court order of support already in place, you can. But no previous order, no retroactive support.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Will my ex have to pay child support for my 19 year old daughter. We live in pa and pa court said they go by NY rules.

I have two daughters with my ex one is 19 I was told they go by NY guide lines does that mean he will pay child support for my 19 year old daughter if I file? I never received child support except threw a restraining order when my oldest was 3 years old, but only for a few months. It never went... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

You are asking a question about New York or PA law, on a Maryland Q&A forum. You should set the geographic area to NY to get a proper answer. That said, I am unaware of any state law that provides for child support after a child reaches the age of 19. You daughter is an adult and is deemed... Read more »

1 Answer | Asked in Child Support for New York on
Q: In New York, would a custodial parent be penalized for voluntarily leaving a job?
Howard E. Knispel
Howard E. Knispel answered on Jun 15, 2020

While child support is paid by the non-custodial parent and the basic child support would likely not change, the pro-rata split of additional reimbursements would also likely remain unchanged. Things such as child care, medical costs, educational costs, etc, if they are reimbursed at a certain... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I live in a different state with ex who filed for divorce 1st but kids live with me. which state has jurisdiction?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: How can I get the divorce to go through?

My stbx lives in Canada. I live in NY.

I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.

1 Answer | Asked in Child Support for New York on
Q: Hi, How does child support work with this pandemic? What can you recommend me to do about this case?

I give an amount of $ 368 every two weeks to my son's mother.($ 125 childcare is included.)

I also pay 280 a month for health insurance sharing it with my son

That’s what the court required.

my earnings are 22 per hour, working 40 hours weekly.

Now I am... Read more »

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

You must follow the court order as written. If you need to change that, you need to file a petition for modification. Even if you case is not heard right away as the courts are closed, your petition will be filed and any modification award would be retroactive to the date of filing.

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