Ali Shahrestani, Esq.'s answer 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 aid in collecting past due support. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You...
Nina Mironenko's answer 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 the current child support is not sufficient. I am not sure why a 2009 NYS stipulation of settlement would have 18 as the emancipation age. If that wasn't merely a typo, you could argue that you...
Nina Mironenko's answer 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" - meaning that the father did not pursue a relationship with your son, then your son could argue that the father still has to support him. If your son did not want to see/communicate with his father...
Nina Mironenko's answer 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 make a lot less) you can file a petition for an upward modification of child support
Christine Moccia's answer Under New York law (I noticed you sent your question from New Jersey), there is a statute that guides the courts in fixing child support. If you are the custodial parent, you will receive basic support based on those guidelines and child support add-ons based on the pro rata division between you and your spouse.
Nina Mironenko's answer In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him, or into a separate account of his you are not entitled to now claim that you want half of the refund. In my opinion, the DA would not pursue a case against him for forgery.
Nina Mironenko's answer Did you have an agreement allowing the child to move out of the US? If so, did you agree to keep paying child support? If you did not agree to the relocation you can file a petition to terminate child support.
Nina Mironenko's answer You're bringing up all of the correct points. The support magistrate or judge needs to impute income to him based on his previous earning history or earning potential. You must get all of that information on the record at the hearing and then object, and possibly appeal if the judge decides to lower his child support obligation.
Nina Mironenko's answer You can file a petition in Family Court for sole legal custody and the right to relocate with your son. You will need to show that it is in your son's best interest to relocate with you. The fact that your son's father only sees him once a year, is very favorable to the relocation. There are many factors, including how old your son is, how far you want to move, etc.
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