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New York Child Support Questions & Answers

1 Answer | Asked in Family Law and Child Support for New York on

Q: Is it possible to have my ex pay my legal fee's in child support case; for violation of order?

There was a support order issued in 2012/2013 for 50.00 per week. To date, the arrears exceed six thousand dollars.

I am aware that he has been employed in various occupations and capacities over the years, but has managed to either work off the records, or withdraw from employment before... Read more »

Lawrence Allen Weinreich answered on Jun 20, 2019

The court can award fees if he is found to have violated the support order (but that is after the case is over). At the same time, you can request an upward modification based upon what is going on at this time and increased expenses.

1 Answer | Asked in Family Law and Child Support for New York on

Q: If a child is 20 yrs old married with a child. Is parent legally responsible to pay child support

Lawrence Allen Weinreich answered on Jun 7, 2019

In New York that child would be considered emancipated and no child support would be required under normal circumstances.

1 Answer | Asked in Child Support and Divorce for New York on

Q: Can my ex raise child support if my income changes every year?

I did a lot of overtime last year so my income was high. My ex informed me that she will be taking me to court to raise child support payments. If the court sees my income from last year, it will be high because I did a lot of overtime. But I cannot know if I will be able to make that much money... Read more »

Lawrence Allen Weinreich answered on May 3, 2019

under the current child support law, your child support can be raised if your income goes up 15% or more from what you were making when the child support order was issued. You may have a defense if you can show that you will not be able to do overtime or as much overtime this year as you did last... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on

Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom

I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.

Lawrence Allen Weinreich answered on May 3, 2019

It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New York on

Q: I divorced years ago, 13 years ago, and have been paying child support monthly since then.

This payment is based on the divorce decree. The child is now 18. The child has never been to the united states because of the mother's choosing. I provided opportunities for the child to study here in the USA after high school, but the mother decided that wouldnt work. I assume its so she can keep... Read more »

Robert B. Pollack answered on Apr 1, 2019

Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on

Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »

Christine Moccia answered on Mar 10, 2019

Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

1 Answer | Asked in Child Custody and Child Support for New York on

Q: No custodial parent and equal nights in the court order but one parent only chooses to see child 4 nights of 28 a month?

Who would pay support in this case?

Nina Mironenko answered on Mar 7, 2019

The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.

1 Answer | Asked in Child Custody and Child Support for New York on

Q: New custody order for our 5 year old and we split half nights each month with no custodial parent, who pays support?

Nina Mironenko answered on Mar 7, 2019

All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.

1 Answer | Asked in Child Support for New York on

Q: Can child enforcement charge me child support. For same child they owe me suppot for?

Nina Mironenko answered on Mar 6, 2019

You would be credited for any support which is owed you against the child support you owe.

1 Answer | Asked in Child Support for New York on

Q: I'm 34, my father rarely paid support when I was a minor. I'm not sure what his arrears are but I'm sure a lot.

He is currently incarcerated. My mom said when he passes she'll get his social security because they never divorced. How would that all work? And wouldn't paying off his debts, like child support, take priority to her just wanting a larger income? Also if they did apply any money he was entitled to... Read more »

Nina Mironenko answered on Feb 21, 2019

No, if the child support order was that your mother receive child support, then she receives any arrears.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on

Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date

Ali Shahrestani, Esq. answered on Feb 4, 2019

I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for New York on

Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus

What rights does a noncustodial father who has paternity of his child & wants to file for child support on himself to apply for joint custody, can he apply for joint custody without applying to give child support, how soon should he do this and how will it affect his income. He loves his child and... Read more »

Ali Shahrestani, Esq. answered on Jan 24, 2019

Child support is ordered at the discretion of the court in compliance with the law and after reviewing the facts on both sides. A parent can file for child custody, visitation, and child support via pleadings submitted to the court and served on the other party. The NY courts website and local law... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st. My 4 kids live... Read more »

Ali Shahrestani, Esq. answered on Jan 22, 2019

Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help... Read more »

1 Answer | Asked in Child Support for New York on

Q: My daughter is 29 now and I never collected child support from her father. Can I collect it now? He lives in NYC now.

My daughter's father was not in the US and never sent me or gave any money to support her. Now, he is in the US but my daughter is already 29. Can I collect all the child support that he never gave me?

Ali Shahrestani, Esq. answered on Jan 9, 2019

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... Read more »

1 Answer | Asked in Child Support for New York on

Q: Can ex-wife get back-child support on more than 2012 court-ordered $600? PRIOR W2 shows I should pay $1200

in 2005, supreme court, ordered $600 month, the divorce approved/granted in 2009. in 2012, my income increase, the ex-wife petition a support modification in family court (on the 2012' W2,-) I should have pay $900. the Judge made order based on 2005 divorce decree/separation contract. Now in 2018,... Read more »

Nina Mironenko answered on Dec 11, 2018

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... Read more »

1 Answer | Asked in Child Support for New York on

Q: (New York) If my son legally changes his last name, can his father cut off child support?

papers say he pays support till 22 if he is a full time student - but my son wants to change his name in 2 months when he turns 18

Nina Mironenko answered on Dec 5, 2018

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"... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on

Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio

Kristen Epifania answered on Dec 5, 2018

The court can assign an attorney to an individual who is financially eligible.

1 Answer | Asked in Child Support for New York on

Q: Modification of Child Support for Incarcerated in New York State

My Fiance is currently incarcerated in New York State. He keeps receiving child support bills and the total amount keeps adding up. Is there a way to suspend child support payments until he is released in 2022 or 2023? If so, do we file a modification petition and what would we state within the... Read more »

Nina Mironenko answered on Dec 3, 2018

You state that he is incarcerated and state his income - if any.

1 Answer | Asked in Child Support for New York on

Q: I am done paying nys child support and I have a credit that is owed to me what do I do

Nina Mironenko answered on Nov 30, 2018

You are not entitled to repayment on a child support over payment. You could have gotten credit if you still owed child support.

1 Answer | Asked in Child Support for New York on

Q: have shared custody.I get support.Ex says I have to pay for everything.School supplies.even lunches on his week?

I would like to know my obligations. We have specifications about extracurricular activities etc but nothing on day to day expenses when he is with the parent. I don’t earn a lot and my ex left me with nothing. He lives in a 2 million dollar house. I rent.

Nina Mironenko answered on Nov 29, 2018

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... Read more »

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