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New York Child Support Questions & Answers
1 Answer | Asked in Child Support for New York on
Q: Can I get a lawyer to investigate my case for child support? I feel like I been paying 20+ years with not solution.

I been paying child support for over 20+ years in arrears and paid off New York in 2 years 30,000. Now Massachusetts is saying I owe them 32000 which not only they take from my check every two week but they take my income taxes i feel like forever and when I look in child support acct it never goes... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

New York is a big state. What county is the case in? Where does the mother live?

1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Is leaving a higher paying (overworked, understaffed) job for a lower paying one considered voluntary leave?

This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef,... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 11, 2021

There are no ramifications except that your wife will tell your daughter of your refusal

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can only see my son in therapy but but he refuses it. I’m going 6-12months without seeing him, I shoudnt pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 29, 2021

It is most unfortunate what is going on. In regard to child support, you can bring on a petition to terminate or suspend support however the reason that your son refuses to see you must be one that is not your fault. If you did something that caused his behavior your child support will not be... Read more »

2 Answers | Asked in Child Support and Divorce for New York on
Q: My spouse refuses to abide by our divorce agreement and pay for what he agreed to pay, what court or recourse do I have.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 16, 2021

You can file a violation of support petition in Family Court for spousal and child support or you can file a motion for contempt in Supreme Court.

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1 Answer | Asked in Child Support for New York on
Q: I am paying arrears for child support can I travel to Puerto Rico and I do not have a us passport

My arrears are just over $2500

Howard E. Knispel
Howard E. Knispel answered on Jun 14, 2021

Puerto Rico is in the US. You do not need a passport and you can go.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.

My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Child Support for New York on
Q: If a father pay child support do that mean he don’t have to buy them clothes or anything for them.

I get child support which goes towards a bill

Howard E. Knispel
Howard E. Knispel answered on Apr 29, 2021

Child support is meant to cover shelter, food and clothing for the child. Certainly a non-custodial parent should have clothing for the child during his/her parenting time, but usually clothing is the responsibility of the custodial parent.

1 Answer | Asked in Child Support for New York on
Q: Does the court considered both my disability and employment for child support in the state of New York.

My ex wife is trying to take me to court once again to increase child support payment I’ve not missed a payment it gets taking directly out of my check from my current employment and she’s constantly harassing me I have reason to believe she somehow found out my disability no very legal then... Read more »

David Ivan Bliven
David Ivan Bliven answered on Apr 6, 2021

Actually, disability IS a form of income for child support purposes. Thus, if you both receive disability + job income, they'll both count for support calculation purposes. Schedule a consult with a NYC Child Support Attorney for a full assessment.

1 Answer | Asked in Child Support for New York on
Q: I was petitioned for child support, but an agreement was made and adjudged and dismissed. I was served again for same.

Is it possible in NYS for my son's mother to petition me again even though a deal was made privately and I received a signed letter from the magistrate stating the case was dismissed for failure to appear. I have text messages about the deal we had made along with a receipt for a bank check... Read more »

Howard E. Knispel
Howard E. Knispel answered on Mar 16, 2021

A private out of court agreement, unless signed by the court, is not valid to modify a coutr order, and is not itself a court order. However, it can be evidence to show the court. As such, your ex can still petition you to go to court. Also, if there was any public assistance involved and the... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter will be turning 21 in March 2022. When should I file to have it stopped. I also live in PA she lives in ny.

Do I have to go to Long Island and file or can it be done through mail?

Howard E. Knispel
Howard E. Knispel answered on Mar 13, 2021

You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My mom has been claiming child support my father has sent her for the past 6 years even though I have been emancipated.

New York State. Did not receive a single dollar even though the money is supposed to be to support myself? Have lived on my own and didn’t go to college. She received 6,000 in arrears from my father is she entitled to keep all of that from me???

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

Child support is paid to the parent until the child is 21. If the monies your dad is paying is arrears, then it is money that was due while you were living with her. The money is due to her.

1 Answer | Asked in Child Support for New York on
Q: I live in NY and my son lives in VA with dad. Do I pay child support until he turns 18 or graduate from H.S
Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

What Court entered the child support order? If the child support order was issued by a NY Court, then child support is paid until 21.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My ex has filed a modification stating he has not worked in a year and has other surgeries pending, will he pay less?
Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

He would need to subpoena his doctors in to testify that he can't work. Has he filed for disability? He has to prove to the Court that he cannot work and it is not an easy thing to prove.

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1 Answer | Asked in Child Support for New York on
Q: I have an on going stipulation for separation for 3 years. We haven’t settled yet . Within that time my ex had a 10%

Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.

Howard E. Knispel
Howard E. Knispel answered on Mar 2, 2021

Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... Read more »

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

Non custodial parent has not paid any current child support since December of 2019 as of February 2021 he owes 4800.56 in arrears with the last tax intercept being March 2020 if I take him to court for a violation hearing and I do end up getting another tax intercept refund for his arrears before... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the... Read more »

1 Answer | Asked in Child Support for New York on
Q: Do I still have to pay child support if child goes out of state for college an live with his mother
David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The short answer is yes - child support generally continues in NY until age 21 unless the child is emancipated. If the child's attending college, then generally the non-custodial parent would not only pay basic support, but also pay his/her share of college expenses as well. Schedule a... Read more »

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