New York Child Support Questions & Answers

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Mar 10, 2019
Christine Moccia's answer
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

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?

1 Answer | Asked in Child Custody and Child Support for New York on
Answered on Mar 7, 2019
Nina Mironenko's answer
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.

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

1 Answer | Asked in Child Custody and Child Support for New York on
Answered on Mar 7, 2019
Nina Mironenko's answer
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.

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

1 Answer | Asked in Child Support for New York on
Answered on Mar 6, 2019
Nina Mironenko's answer
You would be credited for any support which is owed you against the child support you owe.

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.

1 Answer | Asked in Child Support for New York on
Answered on Feb 21, 2019
Nina Mironenko's answer
No, if the child support order was that your mother receive child support, then she receives any arrears.

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?

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
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 best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

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

1 Answer | Asked in Adoption, Child Custody and Child Support for New York on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
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 libraries can self help resources. 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 can...

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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 resources. 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 can read more about me, my...

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.

1 Answer | Asked in Child Support for New York on
Answered on Jan 9, 2019
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...

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

1 Answer | Asked in Child Support for New York on
Answered on Dec 11, 2018
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...

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

1 Answer | Asked in Child Support for New York on
Answered on Dec 5, 2018
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...

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

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
The court can assign an attorney to an individual who is financially eligible.

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

1 Answer | Asked in Child Support for New York on
Answered on Dec 3, 2018
Nina Mironenko's answer
You state that he is incarcerated and state his income - if any.

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

1 Answer | Asked in Child Support for New York on
Answered on Nov 30, 2018
Nina Mironenko's answer
You are not entitled to repayment on a child support over payment. You could have gotten credit if you still owed child support.

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

1 Answer | Asked in Child Support for New York on
Answered on Nov 29, 2018
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

Q: I want to file child support for 2 children. Will their Medicaid insurance be affected? Fathers insurance is not good.

1 Answer | Asked in Child Support for New York on
Answered on Nov 16, 2018
Christopher N. Luhn's answer
The court will generally require a parent with available health insurance to carry the kids rather than burdening publicly supported benefits.

Q: What happens if the custodian parent doesn't appear for the first child support hearing?

1 Answer | Asked in Child Support for New York on
Answered on Oct 23, 2018
Nina Mironenko's answer
If it's the custodial parent's petition, it will be dismissed. If it's the other payor's petition, the court may adjourn the first conference, or set a hearing date.

Q: Can child support be collected from a spouse living in the residence?

1 Answer | Asked in Child Support for New York on
Answered on Oct 18, 2018
Nina Mironenko's answer
Only if he doesn't contribute anything, or any meaningful contribution toward household expenses.

Q: Hi, can you please let me know what best and worst case scinerios are for child support and spousal support in New York?

1 Answer | Asked in Child Support and Divorce for New York on
Answered on Oct 16, 2018
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.

Q: I want to leave the state with my kids ex refuses. Can i make a deal instead of him going to jail forgery let me leave

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Oct 14, 2018
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.

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