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.
Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone
answered on Nov 11, 2020
You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why... View More
answered on Nov 9, 2020
Has there been a determination of custody yet? If not, you need to file for habeas corpus immediately. If there is and your ex has custody, file a custody petition to change custody. Contact an attorney to file in Family Court in NY.
answered on Nov 9, 2020
You haven't stated what the problem is. If he moved alone without the children, he didn't need permission from you or the court.
Support documents to the family court my question is can i file for back payment when my case finally reach in court?
answered on Nov 3, 2020
Support will be retroactive to the date you filed the petition.
receive a letter from family court. He is refusing to show me the letter and is blaming me. Can family court up child support without both parties being informed?
answered on Nov 2, 2020
He got the letter because he has a right to object to the increase and go to court to fight it. If he doesn't challenge the increase you will be notified by support collection of the increase. If he goes to court, the court will decide how much the support will increase (usually its the... View More
She also has 2 more baby father that aren’t helping her but she wants to take more money from me . How much would a court dictate me to pay if I take her to court for child support . Also she lives in Puerto Rico
answered on Oct 25, 2020
Child support depends on your income, without knowing your income it is impossible to say what you would have to pay. Speak with an attorney to get a better idea of your situation.
I earn about 45,000/year and she about 20,000 year, but her income will likely increase to 30,000 or 40,000 in the next couple years. We have 50/50 custody, she is the custodial parent. Can i petition to have my child support payments decreased if this happens?
answered on Oct 16, 2020
The amount of support you pay will not change as it is essentially based on your income. However, you may be able to ask that the pro rata share of paying for the add ons (unreimbursed medical, child care etc...) should be changed.
But I am primary I want him to pay support for him. What do I do
answered on Oct 5, 2020
You need to go to the Family Court and file a child support petition immediately.
Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... View More
answered on Oct 4, 2020
You need to post this in the immigration forum, not the family law forum.
Court case was opened requesting custody by childs great grandparents. In the court filing it was listed as my childs residence with them since 2016 when CPS removed the child from the mothers custody without any attempt to communicate this with me. Have been charged and paid support to a... View More
answered on Sep 30, 2020
You need to lawyer up immediately. Consult with attorneys to see if you can find a good fit and price. My office handles these matters regularly.
Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... View More
answered on Sep 21, 2020
There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial... View More
And was told I might not qualify for a free court appointed attorney. What other options do I have?
Thank you,
answered on Sep 14, 2020
You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this... View More
If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for... View More
answered on Sep 10, 2020
While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can... View More
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