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New York Child Support Questions & Answers
1 Answer | Asked in Child Support for New York on
Q: Hello I put my childrens father on child support and our final hearing is tomorrow .I live in nyc he moved to PR

I would like to know what will happen next as I believe he did it purposely to escape his childsupport obligations

Howard E. Knispel
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Howard E. Knispel
answered on Sep 20, 2022

Moving to PR will not allow him to escape his obligations for child support.

1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... Read more »

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 14, 2022

First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Sep 11, 2022

You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.

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1 Answer | Asked in Child Support and Family Law for New York on
Q: My daughter is 18 and graduated high school has a baby has job not going to college lives with mom can I stop support
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 5, 2022

You should consult with an experienced family law attorney. It is possible that you can petition to terminate your support if there is sufficient evidence to show that your daughter is effectively emancipated prior to the age of 21. But if you were ordered to pay support you cannot just... Read more »

2 Answers | Asked in Child Support for New York on
Q: My son is 18. He pays for his college tuition and dorm room. He works part time. Do I still pay support?

My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 2, 2022

You should consult with an experienced family law attorney. It is possible you can get a modification to pay only when he’s with mom or if appropriate, to terminate support if you can show he’s emancipated earlier than 21. The cost of any attorney to assist you should be worth the support... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Can a noncustodial parent choose not to work full time?

My daughter’s father has a job working only 8 hours a week and he claims he provides a free public service of digging rocks and minerals and donating them, which he claims is at $20/hr loss to him and he really sells them “under the table” where the paper trail doesn’t lead back to him. I... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

Why haven't you retained counsel to handle these matters? Your attorney would be best suited to walk you through this information! Generally, it depends on what the temporary support order details.

1 Answer | Asked in Family Law, Child Support, Civil Rights and Communications Law for New York on
Q: How can I get a court order to have visitation to my siblings?

I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 30, 2022

Your father could file a petition on your behalf or if you’re 18 you could file a petition

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 30, 2022

No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.

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1 Answer | Asked in Child Support for New York on
Q: In my separation agreement, it says that my child support is paid based on a salary cap of $80k. Is this what they go by

Currently the salary cap is much higher than that. Will they go by what is in my agreement or what current law is?

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Aug 29, 2022

Assuming your agreement makes the proper recitations of respective incomes and the presumptively correct amount of CSSA guidelines is outlined together with waiver language for the downward deviation, the court will honor your agreement. But that does not mean that possible change in circumstances... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: I need help in fulton county.with big $$$$child support court then divorce. dss never went after deadbeat.need help

husband signed property over to one child when he has six children left five with nothing so I couldn't get it in a divorce has never paid child support through courts he's going to get away with it because I need help

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 25, 2022

You should consult an attorney.

3 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 1, 2022

Haircuts would normally fall under standard child support. Since you opted out then there is nothing that requires either parent to compel reimbursement for haircutting. Whichever parent takes the child for the haircut has to pay.

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1 Answer | Asked in Child Support for New York on
Q: If a divorce is filed in NY and a court order is in place for child support in NY, but Mom relocates what state has

Jurisdiction. NY is 21 for child support but Indiana is 18.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 27, 2022

Under the Uniform Child Custody Jurisdiction Act, wherever the child has lived for the past 6 months has Jurisdiction.

1 Answer | Asked in Child Support for New York on
Q: My son turns 21 as a junior in college am I still obligated to pay child support after that! No support order currently

I currently pay his tuition and have no problems continuing to do that.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 21, 2022

Unless otherwise agreed to, child support in NY terminates at when the child reaches 21. If there is no child support order you can simply stop payment after the child's 21st birthday.

1 Answer | Asked in Child Support for New York on
Q: My support is reduced each month by $25 to cover the wire fees. Is this permissable?

We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 27, 2022

If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.

1 Answer | Asked in Family Law, Child Support and Child Custody for New York on
Q: My ex wife has moved to a different state, before moving we agreed on a new visitation an was so ordered by the court.

Child support was also in the document we brought to court (we agreed to terminate support) which was notarized and signed by both parties. The court could only grant the visitation and was told we would need to petition the court for the child support case since it is a different department.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 7, 2022

The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 30, 2022

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court since 2007 my ex is 35,000.00 in arears I recently filed court papers

He refuses to pay the minimum which is 50$ a month I can not afford a private attorney and I make too much for. A public defense please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court with my ex since 2007 he is 35,000.00 in arears and he will not get a job on the book

Because then he will have to pay please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Child Support for New York on
Q: Mother of my son used to live in nc, she’s claiming child support there, has lived in Ny for the past 9?

We both lived in nc, but before she left she had child support taken out against me while I was in college and I wasn’t aware. She moved to New York a few months after my son was born 2011. She has been living in New York since 2012….. we both live in New York at the current time. But my... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 19, 2022

A valid child support order is enforceable throughout the country. Unless there is a need for a modification, the order is enforceable.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
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