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New York Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for New York on
Q: My ex said A child support case got entered in April of 2020. How is that possible when I don’t live in his state?

I use to live in NY. Moved with my ex into his moms house in Missouri. I got Foodstamp’s to feed my kids. Put my ex on child support in 2015. I moved to Georgia. Had to get Foodstamp’s again. They told my ex an order was entered in April of 2020 and I told them he made $100,000 a year. We were... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2021

If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live... Read more »

1 Answer | Asked in Child Support for New York on
Q: Is a support case valid if the custodian parent employment wasn’t verified & lied about being employed?

My income was verified & her wasn’t. She lied about employment & the court reused to verify. Can I get the case overturned?

David Ivan Bliven
David Ivan Bliven answered on Feb 19, 2021

The Court does not have an obligation to "verify" her income. That's your responsibility - you could have, for example, issued her a disclosure notice and/or served subpoenas. Schedule a consult with a Bronx Child Support Attorney for a full assessment.

1 Answer | Asked in Child Support for New York on
Q: How can I go about finding an attorney who would work with me just to advise.

I have been representing myself and have been badly taken advantage of by the opposing attorney. I cannot afford an attorney and need technical advice, I can do all the filing and writing, it is a child support case. Is there anyone willing to help ?

Tim Akpinar
Tim Akpinar answered on Feb 18, 2021

This is something that the attorneys here who work with child support matters would know best, but your post remains open for a week. It's going to be difficult for someone to get back to you because this forum is not set up like an attorney referral service - its just a Q & A board. You... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son is 28 with disabilities since birth, does NY have a Law that absent parent has to pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 18, 2021

Unless you have an divorce agreement that says support continues beyond the age of 21 all support obligations for a child end at 21.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If a minor (14M) gets another minor (14F) pregnant, is there any legal responsibility for the male?

The family of the male does not want to be involved in the upbringing of the child and would rather the child be put up for adoption, while the family of the female plans to raise the child. Are there any legal obligations/responsibilities regarding the male or his family since both of them are... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 17, 2021

The male will have to pay child support. That obligation may wait until he turns 18 but at some point he will have to pay.

2 Answers | Asked in Child Support for New York on
Q: How can someone stop paying child support when they now live on there own and have a job and no longer go to college ?

And the mother is receiving and keeping the money

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

File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.

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1 Answer | Asked in Child Support for New York on
Q: My 18year old has graduated high school, is working 40hrs and lives with his father. Do I still have to pay support?

My son is not going to college and his father only lives at the same residence part time (according to my son). Do I still need to pay child support since my son is working full time?

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2021

The issue is whether your son is "self supporting". While working full time is one variable, if he is making minimum wage and unable be support himself, the court can continue child support.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Legally separated since 2016. Can parts of separation be changed when filing for final divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 10, 2021

You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter is 18, lives at home with her mom and has a 3 month old baby,In NY. Am I obligated to pay child support ?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 8, 2021

You should speak with an attorney immediately. You will need to show him your divorce decree and stipulation of settlement if you have one. If your daughter is going to school you will probably be required to continue support payments.

1 Answer | Asked in Child Support and Divorce for New York on
Q: what does incorporation by reference without merger and continuation during action of divorce
Howard E. Knispel
Howard E. Knispel answered on Jan 25, 2021

It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.

1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.

The divorce decree was from NY .

Howard E. Knispel
Howard E. Knispel answered on Jan 19, 2021

Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.

1 Answer | Asked in Child Support for New York on
Q: I am the custodial parent. The non custodial parent has not paid child support in over a year. It is now last 5,000.

I am single parent on government assistance and in school. The non custodial parents has more than $5000 worth of support. I was told as long as I am on public assistance I will not receive child support. He has not worked at all and there is another child he has as well. I live in NYC how will... Read more »

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

If you are on public assistance, any child support collected goes to the Department of Social Services. They can go after him to reimburse them for your public assistance.

1 Answer | Asked in Child Support for New York on
Q: I owe arrears to my daughter’s mother. She passed away and I was awarded custody. What happens to the arrears ?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

Typically the order can be terminated on death of a parent, but if there are state-owed arrears, the will collect until their debt is satisfied. You may need to file a pleading with the court to terminate the support, otherwise the state may continue to collect. A copy of the death certificate is... Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

Theodore Alatsas
Theodore Alatsas answered on Jan 7, 2021

Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... Read more »

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1 Answer | Asked in Child Support for New York on
Q: My daughter is 18 and graduated HS and is working 25-40 hours a week but is taking college courses, entiled 2 support?

Is mother still entitled to support?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Your state’s child support law dictate the answer to this question. You will need to consult with a licensed family law attorney for specifics.

1 Answer | Asked in Child Support for New York on
Q: i was incarcerated for 6yrs straight and was indigent due to this incarceration. At which time child support did not

freeze payments until i was released to get employment to pay. Shouldnt the payments that i was billed for during that period be voided?

Howard E. Knispel
Howard E. Knispel answered on Dec 30, 2020

No. Your obligation of child support continues during your incarceration.

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Can a Support Magistrate reduce child support after the other party admitted unemployment fraud on the record in NY?

The other party is trying to get child support reduced. He admitted he does side jobs and has turned down 3 jobs without telling unemployment.

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

The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.

1 Answer | Asked in Child Support for New York on
Q: Will NYS automatically stop deducting child support from my paycheck when my child turns 21?

My child will turn 21 in 3 months. Will NYS automatically stop deducting child support from my checks each month when he turns 21? I do not owe arrears and there are no stipulations in my divorce agreement that I pay beyond 21. I live across the country and would rather not have to file a... Read more »

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

No. Since people can agree to extend child support past 21 in certain circumstances, the CSEB does not automatically terminate child support. You need to contact CSEB and you may need to file a petition. Contact an attorney in the county where the case is filed.

1 Answer | Asked in Child Support for New York on
Q: If I'm legally married to my wife and were on a public assistance case together with our children why am I paying supp?

Also my taxes have been seized 3 years in a row despite the fact that were are married and are both the custodial parents and have been married for the last 4 years. So public assistance has been taking our tax return saying I owe them.

Howard E. Knispel
Howard E. Knispel answered on Dec 18, 2020

Are you two living together? If so, you should not be paying child support. However, if you are not, then you are obligated to pay support. You should talk to an attorney.

2 Answers | Asked in Family Law and Child Support for New York on
Q: At the time of my divorce my youngest child was 17. My husband had no income but had filed for SSDI

which was approved shortly after the divorce was final. My son is now 20. Can I file for back child support?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 18, 2020

If there was a child support order that was entered, then you can file for any arrears that accrued. In terms of new child support, child support is retroactive to the date of filing for support it cannot go back before that. In NY child support is payable until the child turns 21.

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