The court can award fees if he is found to have violated the support order (but that is after the case is over). At the same time, you can request an upward modification based upon what is going on at this time and increased expenses.
I did a lot of overtime last year so my income was high. My ex informed me that she will be taking me to court to raise child support payments. If the court sees my income from last year, it will be high because I did a lot of overtime. But I cannot know if I will be able to make that much money... Read more »
under the current child support law, your child support can be raised if your income goes up 15% or more from what you were making when the child support order was issued. You may have a defense if you can show that you will not be able to do overtime or as much overtime this year as you did last...Read more »
It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down...Read more »
This payment is based on the divorce decree. The child is now 18. The child has never been to the united states because of the mother's choosing. I provided opportunities for the child to study here in the USA after high school, but the mother decided that wouldnt work. I assume its so she can keep... Read more »
Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child...Read more »
My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »
The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.
He is currently incarcerated. My mom said when he passes she'll get his social security because they never divorced. How would that all work? And wouldn't paying off his debts, like child support, take priority to her just wanting a larger income? Also if they did apply any money he was entitled to... Read more »
I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date
I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The...Read more »
What rights does a noncustodial father who has paternity of his child & wants to file for child support on himself to apply for joint custody, can he apply for joint custody without applying to give child support, how soon should he do this and how will it affect his income. He loves his child and... Read more »
Child support is ordered at the discretion of the court in compliance with the law and after reviewing the facts on both sides. A parent can file for child custody, visitation, and child support via pleadings submitted to the court and served on the other party. The NY courts website and local law...Read more »
I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st. My 4 kids live... Read more »
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help...Read more »
My daughter's father was not in the US and never sent me or gave any money to support her. Now, he is in the US but my daughter is already 29. Can I collect all the child support that he never gave me?
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...Read more »
in 2005, supreme court, ordered $600 month, the divorce approved/granted in 2009. in 2012, my income increase, the ex-wife petition a support modification in family court (on the 2012' W2,-) I should have pay $900. the Judge made order based on 2005 divorce decree/separation contract. Now in 2018,... Read more »
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...Read more »
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"...Read more »
My Fiance is currently incarcerated in New York State. He keeps receiving child support bills and the total amount keeps adding up. Is there a way to suspend child support payments until he is released in 2022 or 2023? If so, do we file a modification petition and what would we state within the... Read more »
I would like to know my obligations. We have specifications about extracurricular activities etc but nothing on day to day expenses when he is with the parent. I don’t earn a lot and my ex left me with nothing. He lives in a 2 million dollar house. I rent.
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...Read more »
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.