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New York Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Criminal Law and Civil Litigation for New York on
Q: Can criminal charges arise from receiving child support after losing custody in NY?

In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 16, 2025

A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for New York on
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?

The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More

Michael J Stachowski
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answered on Feb 13, 2025

The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I’m being garnished for child support, leaving me with $150/week (40 hours/wk). I’ve been overcharged & manipulated

I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Can a 25-year-old child take her father to child support for arrears?

Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: I have a court appearance, as a petitioner, to terminate child support. As per divorce agreement child support shall

end when my son turns 22 yrs old. Can my ex wife bring up any issues she might have, other than child support, during this appearance? And if she does, am I obligated to or will the judge force me to address the issue without counsel?

Stephen Bilkis
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answered on Jan 20, 2025

I'm sorry to hear about the uncertainty surrounding your upcoming court appearance. It’s important to understand the scope of the proceedings and your obligations during the hearing to ensure you are prepared.

In New York, when a petitioner files a motion to terminate child support,...
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2 Answers | Asked in Family Law and Child Support for New York on
Q: My ex partner is blocking me from my son’s phone. She is threatening me.
Stephen Bilkis
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answered on Jan 20, 2025

I'm sorry to hear about the difficulties you are experiencing with your ex-partner regarding communication with your son. Situations like this can be distressing, and it's important to address them both legally and constructively to ensure your parental rights are protected and your... View More

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My husband and I have been separated over 5 yrs our son is 19 and goes to college he only would give 100 a week in

Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support

Howard E. Knispel
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Howard E. Knispel
answered on Dec 27, 2024

Support, both child and spousal, is dependent on your respective incomes. New York requires a non-custodian parent to pay child support until the child is 21 unless a child is independent. You need to speak to an attorney to determine your specific issues.

2 Answers | Asked in Family Law and Child Support for New York on
Q: I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.

I make $130,000 and he $30,000 on books. What are my options?

Peter Christopher Lomtevas
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answered on Dec 5, 2024

One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's... View More

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3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Norka M. Schell
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answered on Nov 4, 2024

In situations like this, it's important to consider both your legal obligations and the practical implications of your decisions. Here are some steps you might take:

1. Even if the custody decree does not specifically address expenses like car purchases, it may provide guidance on...
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3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Peter Christopher Lomtevas
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answered on Nov 3, 2024

The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Michael J Stachowski
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answered on Sep 27, 2024

Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More

Peter Christopher Lomtevas
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answered on Jul 21, 2024

This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More

3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

David P. Badanes
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David P. Badanes
answered on Jun 15, 2024

In New York, you are responsible for child support until a child turns 21 years old. There are a few exceptions, for example, if the child enrolls in the military; gets married. It doesn't matter if the children work or don't work.

You might try to see if the kids will live...
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3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

Howard E. Knispel
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Howard E. Knispel
answered on Jun 5, 2024

In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

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1 Answer | Asked in Child Support for New York on
Q: How can they talk to me child support for a woman I was never married to or lived with spousal support
Howard E. Knispel
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Howard E. Knispel
answered on Apr 8, 2024

Child support is required from the non custodial parent regardless of marital status or whether the parents ever lived together. If you are the father of the child you will be required to pay child support. Spousal support in New York, however, is only paid when there was a marriage. If you were... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: How long can a parent go without seeing or asking about their children? before its considered abandonment?
Peter Christopher Lomtevas
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answered on Apr 1, 2024

The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: What is required regarding college acceptance for my daughter with her father - do I need approval or is notification OK

Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More

Peter Christopher Lomtevas
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answered on Mar 4, 2024

We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.

Nonetheless, assuming arguendo that the asker...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Katherine Lee McArthur
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answered on Feb 9, 2024

In order to get an answer, look up you nearest Legal Aid office, where indigent citizens can obtain legal advice on certain types of legal matters. Most states have law that allow a parent to no longer support an able-bodied adult, after a statutorily fixed age, which is usually 18. If a special... View More

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2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Norka M. Schell
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answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

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