Get free answers to your Child Support legal questions from lawyers in your area.
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
Divorce was 7 yrs ago. Child support always paid on time. 1 child emancipated 1 year ago June (9 months after turning 21). Petition to modify to terminate due to 2nd child emancipating Jul 2020. Hearing this morning. Custodial parent who has never brought forth any requests for anything additional... View More
answered on Sep 10, 2020
If there was a prior court ordering those expenses to be paid, then it is a violation and the CP can go after them. If it was never in a court order, she can not now ask for them.
I had a child support modification hearing yesterday. The Custodial Parent did not show up and the case was dismissed. Can the custodial parent refile again?
I got hurt and have a case pending for disability and was told I can’t work while I have a case what can I do to get it reduced
answered on Sep 8, 2020
You need to file a modification petition immediately. You will need to subpoena medical records and prove you are unable to work. Contact an attorney.
I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.
My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... View More
answered on Sep 8, 2020
You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.
answered on Sep 7, 2020
In New York, Child Support orders generally end at the child's 21st birthday.
answered on Sep 6, 2020
Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.
The father has an active stay away child endangerment charge and there is an open domestic violence case
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answered on Aug 23, 2020
Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... View More
I found out that my daughter is "staying" with her boyfriend and his stepdad.
answered on Aug 20, 2020
You need to file a petition to terminate the support. It does not terminate on it's own. Contact a local Family Law Attorney.
answered on Aug 12, 2020
No. Court ordered child support already contemplates your expenses when the child is with you. You can deduct expenses that are court ordered for you, such as your share (pro-rata) of the medical and education expenses if it is in the court order. Talk to an attorney for more specific information.
My son wants to live me. Me and my exwife agreed out of court for this. We have joint custody in which she’s primary residentence.
I pay her child support as our divorce Cree. Since my son lives with me now do I still pay her child support?
answered on Aug 12, 2020
You need to go to court and get new court orders for custody and support. Contact a local attorney. Untill you get a new order the old orders still apply even if you and the mother agreed otherwise.
I make 120k, my mother's children makes 50k; we have 3 children - what would be the accurate child support breakdown given that we have surpassed the combined income gap. Does she have to petition for anything above that cap and can I get the support modified? currently we have 50/50 joint... View More
answered on Jul 27, 2020
It is impossible to accurately answer your question without more information. However, as a general answer the courts generally go over the cap when there isn't a significant overage. Child support is generally awarded to the lower earning parent. Support can only be modified upon a showing... View More
grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?
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answered on Jul 21, 2020
Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support... View More
he moved to another state in order to not pay it and constantly lies.
answered on Jul 20, 2020
No. But he could be incarcerated for contempt of court or perjury.
answered on Jul 17, 2020
If you are in court, the father still has the right to ask for a trial on the issue. In most cases the father just consents to the court issuing an Order of Filiation which says he is the father. After that, the court will have a hearing on child support unless the 2 of you agree on a support... View More
I have a visitation order in NY for my daughter i live in NJ , I haven't been successful in acting on it very much since the mother its not cooperating with the order . In the mid of 2018 i lost contact physical and digital with her and daughter and I've trying ever since i also filed... View More
answered on Jul 12, 2020
This was posted previously and answered. The process hasn't changed. If you are asking how much this matter will cost it would be difficult for any attorney to give you a figure as it all depends on how much time will be spent on the case and if there will need to be a trial.
answered on Jul 10, 2020
Without more information it is hard to give an answer. However, if the children lived with the father and she did not pay support at that time she is in "arrears" and owes back money so there would be a garnishment, the same is true if there is an order of support that was never changed.
answered on Jul 1, 2020
In NY child support terminates at the age of 21. Early termination is extremely difficult. You would need to prove the child is currently self supporting with a full time job. Contact an attorney to talk about your specific circumstances.
Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me
Back to court?
answered on Jul 1, 2020
If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new... View More
Child will be attending college full-time in the fall. Former physical custodial parent won't contribute for her support (divorce grants joint custody, but physical custody was with mother).
answered on Jun 28, 2020
Yes you can go to court and request child support and contribution for college if you are paying for college.
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