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New York Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for New York on
Q: will there be an automatic offset in the child suport we recv if my son receives a ssd auxiliary lump sum payment in NYS

My son may qualify for a lump sum back payment for a time period of less than one year becuase his step father was approved for disability and the onset date would make my son a minor for a year. Will this effect the child support we receive for him?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 8, 2019

It will have no effect on child support being paid.

1 Answer | Asked in Child Support for New York on
Q: My husband is currently paying child support in full for 3 children. The youngest child is now living with us.

He makes $120,000 a year and she shows no income but has investments that pays all her bills and home ownership. He is currently paying $3000 a month for his three sons, which is above the legal amount already and now we are the custodial parents to the youngest. Looking to find out how much less... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 3, 2019

Child support for 2 children is 25% of gross - less FICA taxes (you only deduct FICA taxes from the gross). You need to file a petition for child support and modification of child support. If her investments give her an income, or if she draws on the principal, the court should consider that... Read more »

1 Answer | Asked in Child Support for New York on
Q: My son wants to live with his father.He owes 15,000 in child support. Will I pay child support or have it deducted?
Nina Mironenko
Nina Mironenko answered on Oct 3, 2019

You should file a petition for arrears, if you haven't already done so, and should receive a credit for any child support you may be ordered to pay.

2 Answers | Asked in Child Custody, Child Support, Family Law and Federal Crimes for New York on
Q: I was living with the child for two yrs. Found out it was mine. Then had to pay 10gs, along with support living there.

We had a child. She was on DSS for awhile and I joined with her. We had a kid but she told me it might not be mine. It's my first so I didn't know what to do so I stayed. Found out two years later it was mine. Then hit with a ten grand arrears and had to pay child support living with them. I don't... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 20, 2019

I would suggest that you negotiate with DSS

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1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on
Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

1 Answer | Asked in Child Support for New York on
Q: does child support stop if my daughter moves out even though in 10 years of shared custody he never took her? she is 19

She is only with him for a week he wants to stop paying me but for 10 years i had 4 kids with me with no break and now one week i feel this should still be paid until she is 21 she still comes to eat and do things at my house

Nina Mironenko
Nina Mironenko answered on Sep 4, 2019

No, a week at her dad's does NOT mean that he is the residential custodian. If she is still eating at your house and has her things at your house, then you have a very good argument that she is merely visiting with her father. The courts will normally consider a change of residential custody... Read more »

2 Answers | Asked in Child Support and Family Law for New York on
Q: Petitioning Family Court Alimony Child Support, new job 40% less pay. I am in New York State

Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 28, 2019

The court uses past income as a measure of what it is you are capable of earning. To get a downward modification, you need more than just a reduction in income, you have to show that the reduction wasn't your fault and that you have tried to get a position with the same or more income.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Petitioning Family Court for child support and alimony while your job was being eliminated. Court wants tax return prev

Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 28, 2019

I cannot provide advice relating to Illinois law

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1 Answer | Asked in Child Support and Divorce for New York on
Q: Can I sue my ex husband the father of my son after 16 years for arrears child support in NYS?

He stopped paying when the son was 18 y o.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2019

The short answer is yes you can. The statute of limitations for back child support was increased to 20 years.

2 Answers | Asked in Child Support and Family Law for New York on
Q: My child turns 18 in Sept. I was the non custodial parent. She lived with dad in CA and I paid child support to him.

Now she wants to live with me and will attend college in NYC. Can I file an order with the NY court and have him pay child support under NY law ? I have a support order with CA that ends when she turns 18. Does the NY court has jurisdiction to order the father to pay for her college ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 18, 2019

The answer is yes you can. In addition, if there is nothing in your CA order or your stipulation of settlement regarding college, you can also ask for a portion of the college costs.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: What are my options?

My sons father has not paid his court ordered child support payments in two months, what are my options? In addition, he has moved upstate NY and didn't provide me with an updated address. Per our visitation order, he was suppose to notify me. What are my options?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 13, 2019

You can file a violation of support petition. As part of that application request that he pay via income execution through the support collection unit. you can also refuse to allow visitation until he gives you his new address and you can file a violation petition in regard to the visitation... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: Per divorce decree, parents agreed to cover child's college expenses, including room/board.

If one of the parents later refuses to cover the agreed pro rata share of child's college costs, what legal recourse is available to the paying parent? Will the courts uphold the agreement that was ordered and adjudged per the divorce decree?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 6, 2019

The parent has to bring on an enforcement/contempt action either by petition in Family Court of by Order to Show Cause in the Supreme Court. Either court will uphold the agreement.

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1 Answer | Asked in Child Support and Family Law for New York on
Q: If I take my sons father off of child support will he still have to pay his child support debt?

He owes a ton of money in child support

I just want him off period

He has been non present in his life for 7 years and gives him a call about 2 times a year

We always argue about his inconsistency as a parent and how it is starting to confuse my son because he does not know... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 31, 2019

You cannot get him off the birth certificate and his rights can only be terminated because of an adoption or as part of a Neglect proceeding against him. In regard to child support, I doubt that a court will totally vacate an order of child support as it is the child's right not yours. However,... Read more »

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Hi, will I be arrested if I miss an child support hearing? I don’t owe anything

I was originally ordered to pay my ex $25 a month but now my son is staying with his grandma so it’s just being switched over her name

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 26, 2019

If you don't appear and don't ask for an adjournment, the court can issue a warrant for your arrest.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: Legally separated and ex isn't paying child support or maintenance.

I have custody and placement of our two sons. Ex is living in the marital house, which has a value of over $100k and has no mortgage or home equity loans. My ex is not paying any support or maintenance which is stated in the separation agreement. He is nearly $20,000 in arrears. Is there a way... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 26, 2019

Without reading the separation agreement it is impossible to give you an accurate answer. You can bring an action against your ex for the past due support. The best thing going forward is to go to Family Court and file a petition for child support and spousal support and have that paid through... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: Can my wife take my rights from me concerning our 3 children if they are not biologically mine?

We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 21, 2019

Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been on SSI disability for 9 years DSS is saying I owe them$11,000 dallors my kids are 27 and 26 my son married

Son has been married 5 years I use to have custody of my son for 4 years and this back child support this case is old

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 17, 2019

Unfortunately, child support has a statute of limitation of 20 years so DSS can go back that far. You should get a copy of what they say is owed and since when and take that information to an attorney and discuss it with them.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.

There has never been a court order, child support and visitation was paid in mutually agreed upon manner and verbal agreement. Things have now gotten worse and he wishes to seek legal visitation/custody agreement but is afraid the mother will take him to court for child support arrears and claim... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 15, 2019

There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My child's mother is filing for modification of child support and a petition of violation of child support.

I stopped paying childcare costs after we made a mutually agreed upon written notarized agreement. I allowed her to leave the state in return that I did not have to start paying private daycare costs again. We live in NYS. Will this written agreement hold up on court?

She also is... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 9, 2019

If the written agreement is in the proper form, it will hold up in court. If the agreement holds up, that is a defense to payment of babysitter costs from the time of the agreement. The fact that this was negotiated so that she could leave the state is helpful.

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