New York Child Support Questions & Answers

Q: My daughter is 29 now and I never collected child support from her father. Can I collect it now? He lives in NYC now.

1 Answer | Asked in Child Support for New York on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
Was there a prior child support order issued by a court when the child was a minor? Was the father served with that order? If so, did he ignore or otherwise violate the order? If yes to all these, then you may have a case to pursue him for contempt of court order, and you may report this to CPS for aid in collecting past due support. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You...

Q: Can ex-wife get back-child support on more than 2012 court-ordered $600? PRIOR W2 shows I should pay $1200

1 Answer | Asked in Child Support for New York on
Answered on Dec 11, 2018
Nina Mironenko's answer
NY is very much a contract state, except when it comes to child support. The law is that children must be adequately supported. There is no right to an upward modification without the custodial party showing need for more support. Even if you are earning more, your ex-wife needs to show that the current child support is not sufficient. I am not sure why a 2009 NYS stipulation of settlement would have 18 as the emancipation age. If that wasn't merely a typo, you could argue that you...

Q: (New York) If my son legally changes his last name, can his father cut off child support?

1 Answer | Asked in Child Support for New York on
Answered on Dec 5, 2018
Nina Mironenko's answer
A court could deem that your son self-emancipated himself from his father if he legally changes his last name from his father's name. I'm assuming that your son doesn't have a relationship with his father? If the reason for them not having a relationship with each other was the father's "fault" - meaning that the father did not pursue a relationship with your son, then your son could argue that the father still has to support him. If your son did not want to see/communicate with his father...

Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
The court can assign an attorney to an individual who is financially eligible.

Q: Modification of Child Support for Incarcerated in New York State

1 Answer | Asked in Child Support for New York on
Answered on Dec 3, 2018
Nina Mironenko's answer
You state that he is incarcerated and state his income - if any.

Q: I am done paying nys child support and I have a credit that is owed to me what do I do

1 Answer | Asked in Child Support for New York on
Answered on Nov 30, 2018
Nina Mironenko's answer
You are not entitled to repayment on a child support over payment. You could have gotten credit if you still owed child support.

Q: have shared custody.I get support.Ex says I have to pay for everything.School supplies.even lunches on his week?

1 Answer | Asked in Child Support for New York on
Answered on Nov 29, 2018
Nina Mironenko's answer
No, he pays for expenses when your child is with him. Also, if you think he's earning a lot more, or has a lot more money than he did since the last child support order, or if it's been more than 3 years since the last order, or there has been another significant change is circumstances (you make a lot less) you can file a petition for an upward modification of child support

Q: I want to file child support for 2 children. Will their Medicaid insurance be affected? Fathers insurance is not good.

1 Answer | Asked in Child Support for New York on
Answered on Nov 16, 2018
Christopher N. Luhn's answer
The court will generally require a parent with available health insurance to carry the kids rather than burdening publicly supported benefits.

Q: What happens if the custodian parent doesn't appear for the first child support hearing?

1 Answer | Asked in Child Support for New York on
Answered on Oct 23, 2018
Nina Mironenko's answer
If it's the custodial parent's petition, it will be dismissed. If it's the other payor's petition, the court may adjourn the first conference, or set a hearing date.

Q: Can child support be collected from a spouse living in the residence?

1 Answer | Asked in Child Support for New York on
Answered on Oct 18, 2018
Nina Mironenko's answer
Only if he doesn't contribute anything, or any meaningful contribution toward household expenses.

Q: Hi, can you please let me know what best and worst case scinerios are for child support and spousal support in New York?

1 Answer | Asked in Child Support and Divorce for New York on
Answered on Oct 16, 2018
Christine Moccia's answer
Under New York law (I noticed you sent your question from New Jersey), there is a statute that guides the courts in fixing child support. If you are the custodial parent, you will receive basic support based on those guidelines and child support add-ons based on the pro rata division between you and your spouse.

Q: I want to leave the state with my kids ex refuses. Can i make a deal instead of him going to jail forgery let me leave

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Oct 14, 2018
Nina Mironenko's answer
In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him, or into a separate account of his you are not entitled to now claim that you want half of the refund. In my opinion, the DA would not pursue a case against him for forgery.

Q: movinto Ga and I have a child support case in NY .The child doesn't live in the USA can I put in to terminate CS in Ny

1 Answer | Asked in Child Support for New York on
Answered on Oct 11, 2018
Nina Mironenko's answer
Did you have an agreement allowing the child to move out of the US? If so, did you agree to keep paying child support? If you did not agree to the relocation you can file a petition to terminate child support.

Q: Will my other child support payment get lowered if I am going to be responsible for another?

1 Answer | Asked in Child Support for New York on
Answered on Oct 10, 2018
Nina Mironenko's answer
Your first obligation will not be reduced. You can deduct the child support you pay on the first one when calculating your second child support obligation.

Q: What are my rights when my ex is trying to drop support bc he lost his job? He didn't quit, get fired, or laid off...

1 Answer | Asked in Child Support for New York on
Answered on Oct 10, 2018
Nina Mironenko's answer
You're bringing up all of the correct points. The support magistrate or judge needs to impute income to him based on his previous earning history or earning potential. You must get all of that information on the record at the hearing and then object, and possibly appeal if the judge decides to lower his child support obligation.

Q: I pay support currently for my 18 yr old daughter. She can no longer live with her mom due to her step dad having a

1 Answer | Asked in Child Support for New York on
Answered on Oct 1, 2018
Nina Mironenko's answer
Yes to both questions. You must file a petition to modify child support and your child can file a petition for child support from her mother.

Q: Can a child under 21 and living on her own request child support from a parent?

1 Answer | Asked in Child Support for New York on
Answered on Sep 26, 2018
Nina Mironenko's answer
Yes she is. The County can also seek repayment for any benefits paid to the child.

Q: Q: I pay child support to my sons father. I just found out that my son has moved out, and has a job. Do I have to pay?

1 Answer | Asked in Child Support for New York on
Answered on Sep 24, 2018
Nina Mironenko's answer
It depends on whether your son is self-supporting. If he isn't, but not living with his father, your son could file for you to pay child support directly to him.

Q: My ex wife received child support for a year when the children lived with me full time; can I request a credit/suspend?

1 Answer | Asked in Child Support and Child Custody for New York on
Answered on Sep 14, 2018
Nina Mironenko's answer
Child support credit is not given retroactively - if you overpay, the payee is not forced to return it. Any modifications are retroactive to the date you file a petition.

Q: my sonfather is forbidden me to move anywhere else because of ourson but i am married to someone else with another child

1 Answer | Asked in Child Custody and Child Support for New York on
Answered on Sep 13, 2018
Nina Mironenko's answer
You can file a petition in Family Court for sole legal custody and the right to relocate with your son. You will need to show that it is in your son's best interest to relocate with you. The fact that your son's father only sees him once a year, is very favorable to the relocation. There are many factors, including how old your son is, how far you want to move, etc.

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