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New York Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Ms. Norka M. Schell
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answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

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2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Katherine Lee McArthur
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answered on Feb 9, 2024

In order to get an answer, look up you nearest Legal Aid office, where indigent citizens can obtain legal advice on certain types of legal matters. Most states have law that allow a parent to no longer support an able-bodied adult, after a statutorily fixed age, which is usually 18. If a special... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More

Michael J Stachowski
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answered on Jan 15, 2024

That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More

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3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Michael J Stachowski
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answered on Jan 15, 2024

The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

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1 Answer | Asked in Child Support and Family Law for New York on
Q: Does my husband have to pay back child support?

We set up a separation agreement in Oct saying he would pay 2,600 a month . In Dec he stopped paying . We’re not divorced yet so the separation agreement is only notarized so far . I’m filing for child support through the court , not waiting for the divorce to be seen by a judge . When we go to... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.

I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?

Michael J Stachowski
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answered on Dec 16, 2023

This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?

Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.

James L. Arrasmith
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answered on Nov 30, 2023

In your case, filing a motion to vacate the stipulation for child support might be a viable option, especially if you have grounds to believe that the original agreement was based on incorrect or incomplete information about your ex-partner's income. It's important to note that courts... View More

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I

reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... View More

James L. Arrasmith
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answered on Nov 28, 2023

In child support cases in New York, there are a few key points to consider:

Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order....
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1 Answer | Asked in Family Law and Child Support for New York on
Q: I STOPED PAYING CHILD SUPPORT10 YEARS AGOWHAT CAN I DO

ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE

I ASKED MOTHER TO TAKE ME TO COURT

SHE NEVER DID...11/14/2023

KIDS ARE NOW IN THERE 20

James L. Arrasmith
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answered on Nov 17, 2023

If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order.... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: What are the legal benefits of getting married before giving birth?
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2023

The family law attorneys here would have the most insight into this, but from a practical standpoint that anyone could point out, there's the issue of insurance. Depending on the insurance plans each individual might have, it's possible marriage could result in the benefit of sharing good... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: What are the legal benefits of getting married before giving birth?
Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2023

There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: How much would the fee be to be represented by a lawyer concerning support order and divorce.

I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More

James L. Arrasmith
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answered on Nov 4, 2023

Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More

1 Answer | Asked in Child Support for New York on
Q: Cómo puedo mover una orden dada ya por child support de New York y deseo mover para Puerto Rico
James L. Arrasmith
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answered on Nov 4, 2023

Para trasladar una orden de manutención infantil de Nueva York a Puerto Rico, probablemente necesitará registrar la orden en Puerto Rico. Por lo general, esto implica obtener una copia certificada de la orden de Nueva York y presentarla ante el tribunal correspondiente en Puerto Rico. La Ley... View More

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: Can my foreign father be served to pay back child support he never paid?

My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More

James L. Arrasmith
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answered on Nov 4, 2023

Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: If I filled a petition for full custody and will like to dissmiss it, what are my steps to do so? Or I just don’t show

To court date?

James L. Arrasmith
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answered on Nov 4, 2023

If you've filed a petition for full custody in New York and wish to dismiss it, you should file a voluntary discontinuance form with the court where you filed the original petition. It's important to do this before the court date. Simply not showing up to your court date is not advisable... View More

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Can I get the money I paid back since he was not there and was in military. Doesn't the custodial parent have to notify
Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: What would be good evidence / exhibits to use in a child support trial?

Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More

Peter Christopher Lomtevas
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answered on Sep 7, 2023

The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.

What we can say...
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1 Answer | Asked in Child Support and Family Law for New York on
Q: What happens when a person receiving child support owes the person paying that support a significant amount of money?

My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 16, 2023

Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.

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