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New York Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for New York on
Q: Can the custodial parent file a new child support order in NY if the original order was issued in PA and has ended?

My PA support order originally covered both of my daughters but my eldest turned 18 in 2018, at which time she was no longer covered under PA law. Both myself and my ex, along with my youngest daughter all now reside in NY. The order was never transferred from PA to NY, but was modified in 2018... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

Since you now all reside in NY, NY is the home state for all purposes and your ex can file for child support in NY to run until 21.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Would my daughter's mothers new husbands wages play a part in our child support case?

She just found out that I'm getting a raise soon and told me she wanted more cs. Meanwhile her new husband makes twice as much as I do.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

Short answer is no.

1 Answer | Asked in Child Support for New York on
Q: My daughter turned 21 on 9/19.Her father hasn't paid support since 05/19 and is $16,998 in back support.Can I enforce?
Howard E. Knispel
Howard E. Knispel answered on Feb 22, 2020

Child Support arrears can always be enforced if there is a court order. lYou shoulod go to the family court a file a violation petition. Talk to an attorney.

1 Answer | Asked in Child Support for New York on
Q: Hi I’m 24years old and I was wondering as the adult child, how do I go about getting back child support from my father?

My mother died when I was 12.

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

Normally, child support terminates at the death of the custodial parent. Who ever took custody after the death should have filed for child support (assuming it was not your father). You would only be entitled if there was a court order of child support in your name as the recipient. You should... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: I live in NY, had 2 jobs, lost of one of the jobs, any need to inform child support so I'm not in arrears?
Howard E. Knispel
Howard E. Knispel answered on Feb 13, 2020

Your court order of support continues until you get a new court order. You need to get a petition to modify your child support from the Family Court. Informing child support enforcemenmt is not sufficient. Talk to a lawyer.

1 Answer | Asked in Child Support for New York on
Q: My daughter is 19 and lives in a home her mother owns in New York state,her mother lives in Florida for 5 winter months

And lives in a lake home 60 miles away for summer with her husband,daughter goes full time to college,do I have to pay her mother

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2020

Does anyone live in the house with your daughter? Is she self supporting? Does she work? Who financially supports your daughter? You need to talk to a lawyer to see if your daughter is emancipated.

1 Answer | Asked in Child Support for New York on
Q: My 20 yr old daughter left my home 8 months ago. She is now taking me to court for support. Is she entitled?

She is in college and she chose to leave after a disagreement. I don't know how she has been living and haven't had any contact since August. She was driving a brand new car that she said was hers in August.

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2020

She can sue for child support. You need to show she is self supporting or that she voluntarily chooses not to abide by your reasonable rules and that you offer her to stay with you.

6 Answers | Asked in Divorce and Child Support for New York on
Q: I have two children in college: son (22), senior daughter (21) a junior

Should I stop paying child support because they are both over 21?

Christine Moccia
Christine Moccia answered on Feb 4, 2020

Depends on what your agreement says. Check the provision for emancipation event.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 31, 2020

You can not file for an "uncontested divorce" by yourself. An uncontgested divorce means both parties agree on all issues. If you filed for divorce and your husband opposed it, the court gets involved. You will need to provide all financial information (as will your husband). You will need to go to... Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

Disclosure of all assets is mandatory in all divorce actions. There is no way around this. If some of the money was yours before marriage that may be separate property that your husband can't get but is still has to be disclosed. You should retain an attorney to help you.

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1 Answer | Asked in Child Support for New York on
Q: Will my child support reduce if my ex gets her own income. She had none while we were together. This is New York state
Howard E. Knispel
Howard E. Knispel answered on Jan 28, 2020

Child support is, in reality, based on the non-custodial parent's income. If the Custodial parent's income in very high then a Judge could deviate from the CSSA standards, but that is very unusual and the custodial parent's income would have to be in the high 6 figures or more. Talk to an attorney.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can a Class Act sue be done againt Asume de Puerto Rico? Or something in general to bring to light what going on

I have notice many father in the USA are suffering due to Asume lack of professionalism. Many have try resolving this issues of child support payments/arrears etc., with no success and have suffered for it, losing homes, jobs, etc...because they cant keep up with payments and payment that excess... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 28, 2020

This is for the Puerto Rico section not NY. You can also try civil rights attorneys

1 Answer | Asked in Child Support for New York on
Q: I am a non constodial parent. My CS case is in North Carolina but I live in NY. I’m behind $3000 in arrears.

I’m unemployed at the moment but got a interview for a job offer coming up. If I have a summons pertaining to the CS does this mean I’m going to Jail?

Howard E. Knispel
Howard E. Knispel answered on Jan 28, 2020

If your case is in NC and the Child resides in NC, then you need to ask a NC attorney.

1 Answer | Asked in Child Support for New York on
Q: I lost my 14 job due to my husbands relocation, Since then I had a 12 month baby and I’m pregnant again and was able

Secure a part time job from home. Can I file to claim more child support from the non-custodian? My salary was always a lot higher than his and I cover the child’s health insurance. Being that we’re in a different state I had to work from home to care for all 3 kids.

Howard E. Knispel
Howard E. Knispel answered on Jan 28, 2020

Child Support is based on a percentage of the non-custodial parent's income. Except in extreme circumstances the courts will not deviate.

1 Answer | Asked in Family Law and Child Support for New York on
Q: How can a father requested information to reassure his child is actually attending college and their academic grades.

I’ve been trying for a couple of years to correct child support payments with no success, my taxes are being garnished yearly. I have no problem paying whatever is needed for my child, my question is how I’m I suppose to correct this situation when the other parent have family members working... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 26, 2020

Since this involves Puerto Rico you need to address the problem there not in NY. If you live in NY you can try to file a petition to stop child support as the child is not attending college and the defense would have to prove what college the child is attending [you might even get the grades for... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Is there anything I can do as the custodial parent who has a court of of CS but the NCP is not paying?

The judge has ruled against his modification, petition to reduce, and now he has petitioned for suspension. We started the process 2/17 and finalized 6/17. He lost his job 8/18; got the order reduced based off another CS case but that case was dropped and my original order was reinstated 10/19, now... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 24, 2020

Unfortunately there isn't much you can do unless he keeps filing and the court has had enough. At this point you can try to move to dismiss if he hasn't shown a change of circumstances since the last order.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Hi, My name is Melinda and I'm 23 years old and my dad recently started sending me child support but I don't live

With my mother no more. But she hasn't given me any of that money. What can I do about that?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 17, 2020

You are not entitled to the support. Child support is for the parent that has residential custody. It sounds like your father never paid the full amount of child support due your mother so he is paying back support. That money belongs to your mother.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: My son is 9.and on 1 a month visatation with his grandmother.what age can he stop going on these visatations?

Have filled court papers

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 13, 2020

Unless there is a court order directing the month long visitation it can be stopped whenever you want.

1 Answer | Asked in Child Support and Family Law for New York on
Q: I have a 20 year old daughter, who will be 21 in a few months and her mother wants to file for initial child support.

I have a 20 year old daughter, going to be 21 later this year, and her mother has said that she intends to file for child support from the time of birth until now. There has never been a child support petition before nor any child support orders. Can she get child support for our adult daughter... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 10, 2020

She can only get support from the date of filing of the applicationto the date your daughter turns 21 she cannot go back to the time of birth.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have custody of both my children. My 18 yr old has moved to her mothers and both are planning to mover her into apt.

Will I have to pay support to her mother?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 5, 2020

Most probably you will have to pay support.

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