Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Child Support Questions & Answers
1 Answer | Asked in Elder Law, Family Law, Child Custody and Child Support for New York on
Q: How do attorneys specializing in family law find and retain the services of Spanish interpreters?

Asking as a NY Court certified Spanish interpreter available for 722-C assignment.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More

1 Answer | Asked in Child Support for New York on
Q: I have a custody order established in Queens County, NY. 3 years later, the mother of the children moved to South Caroli

na with the children. 3 years since then she's now filed for Child Support in the county, I reside in NY rather than Queens or where she is in South Carolina. Where should it be filed?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 19, 2024

Jurisdiction is where the children have resided for the last 6 months.

1 Answer | Asked in Child Support and Family Law for New York on
Q: I am currently in arrears. I had 2 support orders. The second is SIGNIFICANTLY larger than the first.

I have been unemployed for 10 months now

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

There is no question here.

The asker must retain an attorney to file a petition for downward modification. However, his arrears will not disappear unless he can get the custodial parent to waive arrears in court before a support magistrate.

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I marry someone on child support could that backfire on me

My fiancee children are 18, 17, and 16. We have a newborn together and want to get married, He pays child support to the month through the courts. If something happens to him, God forbid, can she collect child support from me?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 9, 2024

Child support terminates upon the payor's death. You would not be responsible for his support payments.

View More Answers

1 Answer | Asked in Child Support for New York on
Q: What to do when child support bills you for 7 years based on income you have not had

I have to represent myself in court tomorrow and last appearance to judge said me and the party have to make a mutual agreement to have the balance reduced and that is it. But New York State has charged me child support every month for 7 years based on disability as income which I have never had to... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 25, 2024

New York does not allow a support Magistrate or Judge to erase arrears. You had to have asked for a modification when your income was reduced. Now, only the recipient can agree to reduce the arrears.

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Child Support for New York on
Q: Can my kids dad get a lawyer so he doesn’t have to pay back support ?

My kids dad is behind 10,000 in child support. They appointed him a lawyer(public defender ) . Will the public defender help him not have to pay back support back ? He hasn’t paid more than $150 to child support since January. The judge lowered his child support from 2,600 to 2,300 but he... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 7, 2024

The attorney represents him in regard to content and it is almost impossible to lower the amount owed without your consent

1 Answer | Asked in Child Support for New York on
Q: Can having to pay child support disqualify you from certain types of employment?

I was told that having a legal order to pay child support can prevent me from finding work as certain jobs will not hire people who are paying out child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 7, 2024

The short answer is no - paying child support will not itself be a bar to being hired. Keep in mind that if you pay direct and not by income execution your employer shouldn't even know you pay child support

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Why am I paying ex girlfriend lawyer fees... I wasn't married to her. Feel I'm not responsible to pay for her choice.

I pay court ordered child support. The court is taking half my Check every 2 weeks. I can't afford to survive anymore. Since they have been taking out My Ex's lawyer fees. I work 40 hours a week. Get paid every 2 weeks. Now since they take half my check...I make roughly 400 a week. I... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

It is not clear which state this question arises from, Florida or New York. Florida has two sanctions provisions that allow for counsel fees: as a need and as a sanction. If the basis is the custodial parent's need, then the court is bound to consider the non-custodial parent's ability to... View More

2 Answers | Asked in Child Support for New York on
Q: If a child receives SSI, does the father still responsible to pay child support?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 12, 2024

Yes. Child support is independent of SSI. A non-custodial parent's obligation of support is statutory.

View More Answers

2 Answers | Asked in Family Law and Child Support for New York on
Q: If my daughter has moved out of home at 18, not enrolled in college as yet can I lose child support

My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.

Is he... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 27, 2024

If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: Can I take my kids dad to court for child support if we only have a noterized agreement?

We have a separation agreement that contains child support agreement . It’s only noterized and he won’t pay it tho he signed it . Can I just ignore the agreement and take him to child support court so the child support comes out of his checks ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 25, 2023

Yes. You can certainly take him to court for child support. The agreement you made can be used as evidence of intent. See an attorney.

2 Answers | Asked in Child Support for New York on
Q: Can I bring my notarized separation agreement for child support to Family Court, to get it court ordered?

I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 24, 2023

You can bring a petition for arrears in Family Court. Then the court can issue an order based on your agreement and also for the money owed.

View More Answers

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Can I take my kids dad to child support court for not paying the agreement we had notarized only?

We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 24, 2023

An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.

View More Answers

2 Answers | Asked in Child Support for New York on
Q: How is child support in New York calculated?

For one child is it 17 percent of gross minus Medicare and social security? And what about state pension contributions

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 1, 2023

The only deductions from gross income are FICA (Social Security and medicare) and local income tax if applicable. No other deductions are considered.

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: If child support has just increased by cola can it be modified in a few months or do I have to wait 2 years?

My child support is being increased in a few weeks but my child wants to live with me when turning 18 in a few months. By then child support will have already increased. Can I modify it after it goes up right away or do I have to wait? I can contest before the increase but my child doesn’t live... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

In cases where child support is adjusted due to a cost-of-living adjustment (COLA), you typically have the right to request a modification if there is a significant change in circumstances. The impending change of your child's residence to your home certainly qualifies as a substantial change.... View More

1 Answer | Asked in Child Support for New York on
Q: What deductions are used to calculate child support in New York? Are nys pension contributions one of the deductions?

I have received a cola letter and want to make sure the calculations are correct

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 19, 2023

Child support is calculated based on your adjusted gross income which means your gross income minus FICA and local income tax only. No other deductions are in the calculation.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: If my child comes to live with me when they turn 18 and still goes to college, do I still need to pay child support?

I prefer any money go directly to my child or to help pay for college and transportation

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 19, 2023

You need to file for a modification of child support. You can not simply stop paying as long as there is a court order requiring you to pay regardless of where your child lives. Talk to a lawyer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.