Get free answers to your Child Support legal questions from lawyers in your area.
The family of the male does not want to be involved in the upbringing of the child and would rather the child be put up for adoption, while the family of the female plans to raise the child. Are there any legal obligations/responsibilities regarding the male or his family since both of them are... View More
answered on Feb 17, 2021
The male will have to pay child support. That obligation may wait until he turns 18 but at some point he will have to pay.
And the mother is receiving and keeping the money
answered on Feb 14, 2021
File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.
My son is not going to college and his father only lives at the same residence part time (according to my son). Do I still need to pay child support since my son is working full time?
answered on Feb 11, 2021
The issue is whether your son is "self supporting". While working full time is one variable, if he is making minimum wage and unable be support himself, the court can continue child support.
answered on Feb 10, 2021
You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... View More
answered on Feb 8, 2021
You should speak with an attorney immediately. You will need to show him your divorce decree and stipulation of settlement if you have one. If your daughter is going to school you will probably be required to continue support payments.
answered on Jan 25, 2021
It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.
He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.
The divorce decree was from NY .
answered on Jan 19, 2021
Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.
I am single parent on government assistance and in school. The non custodial parents has more than $5000 worth of support. I was told as long as I am on public assistance I will not receive child support. He has not worked at all and there is another child he has as well. I live in NYC how will... View More
answered on Jan 16, 2021
If you are on public assistance, any child support collected goes to the Department of Social Services. They can go after him to reimburse them for your public assistance.
answered on Jan 8, 2021
Typically the order can be terminated on death of a parent, but if there are state-owed arrears, the will collect until their debt is satisfied. You may need to file a pleading with the court to terminate the support, otherwise the state may continue to collect. A copy of the death certificate is... View More
I'd like to petition the court for full custody.
answered on Jan 7, 2021
Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... View More
Is mother still entitled to support?
answered on Jan 3, 2021
Your state’s child support law dictate the answer to this question. You will need to consult with a licensed family law attorney for specifics.
freeze payments until i was released to get employment to pay. Shouldnt the payments that i was billed for during that period be voided?
answered on Dec 30, 2020
No. Your obligation of child support continues during your incarceration.
The other party is trying to get child support reduced. He admitted he does side jobs and has turned down 3 jobs without telling unemployment.
answered on Dec 22, 2020
The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.
My child will turn 21 in 3 months. Will NYS automatically stop deducting child support from my checks each month when he turns 21? I do not owe arrears and there are no stipulations in my divorce agreement that I pay beyond 21. I live across the country and would rather not have to file a... View More
answered on Dec 20, 2020
No. Since people can agree to extend child support past 21 in certain circumstances, the CSEB does not automatically terminate child support. You need to contact CSEB and you may need to file a petition. Contact an attorney in the county where the case is filed.
Also my taxes have been seized 3 years in a row despite the fact that were are married and are both the custodial parents and have been married for the last 4 years. So public assistance has been taking our tax return saying I owe them.
answered on Dec 18, 2020
Are you two living together? If so, you should not be paying child support. However, if you are not, then you are obligated to pay support. You should talk to an attorney.
which was approved shortly after the divorce was final. My son is now 20. Can I file for back child support?
answered on Dec 18, 2020
If there was a child support order that was entered, then you can file for any arrears that accrued. In terms of new child support, child support is retroactive to the date of filing for support it cannot go back before that. In NY child support is payable until the child turns 21.
in support in the future can they put a lean on our home? If so, would leaving him off the deed prevent that?
answered on Dec 13, 2020
If his ex gets a judgment for support arrears that becomes a lien on property. If his name is on the deed the judgment will need to be satisfied. If his name is not on the deed, the judgment can not attach to the property.
Me ex is 2 years behind and owes about $33,000. He owns his own business and I have provided all necessary information for them to find assets and bank accounts. When I call to speak to the CSEU they tell me they have done everything they can and that they don’t have his employer or bank account... View More
answered on Dec 11, 2020
Although this is put in the New York jurisdiction area, your address says New Jersey. If this is New York, currently all New York cases are being done virtually.
In May 2019 a warrant was put on my name by the state of New York regarding my child support case where it was determined that I owed $22,635.00 in rears.
On Friday, 12/04/2020, I received a letter from the state telling me that my judgement has been satisfied, the warrant, therefore,... View More
My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?
answered on Nov 16, 2020
Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.
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