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
2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Norka M. Schell
Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

View More Answers

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More

View More Answers

3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: Does my husband have to pay back child support?

We set up a separation agreement in Oct saying he would pay 2,600 a month . In Dec he stopped paying . We’re not divorced yet so the separation agreement is only notarized so far . I’m filing for child support through the court , not waiting for the divorce to be seen by a judge . When we go to... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.

I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2023

This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More

View More Answers

2 Answers | Asked in Family Law and Child Support for New York on
Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?

Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

In your case, filing a motion to vacate the stipulation for child support might be a viable option, especially if you have grounds to believe that the original agreement was based on incorrect or incomplete information about your ex-partner's income. It's important to note that courts... View More

View More Answers

2 Answers | Asked in Child Support and Family Law for New York on
Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I

reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... 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 28, 2023

In child support cases in New York, there are a few key points to consider:

Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order....
View More

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: I STOPED PAYING CHILD SUPPORT10 YEARS AGOWHAT CAN I DO

ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE

I ASKED MOTHER TO TAKE ME TO COURT

SHE NEVER DID...11/14/2023

KIDS ARE NOW IN THERE 20

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order.... View More

1 Answer | Asked in Child Support and Family Law for New York on
Q: Can I file a non-notarized modified child support agreement in NY family court?

I have an original child support agreement with my ex that is notarized but was never filed in court because he always paid on time and didn't want to file it. We have recently agreed on and signed a modified version of this agreement, which is not notarized. Can I file a copy of the modified... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 26, 2025

Only court orders are enforceable. You need to start a child support matter in Family Court and then you might be able to submit the agreement as evidence of the intent.

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Civil Rights for New York on
Q: Seeking to challenge custody order based on ex-wife's fabricated claims in NY divorce case.

In my divorce proceedings, my ex-wife fabricated lies in family court, such as claims of being locked upstairs and deprived of food, despite text messages indicating otherwise. These false claims led to a custody order requiring me to handle all driving responsibilities and a support order that I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

Dealing with false claims in a custody case can be incredibly frustrating and unfair. I understand your concern about the custody and support orders based on what you believe were fabrications. Your appellate attorney's assessment suggests you might need to explore additional legal strategies... View More

1 Answer | Asked in Child Support and Family Law for New York on
Q: Is it legal I had to pay child support to my higher-earning ex?

In New York, I was originally receiving child support from my ex-husband, who earned $125,000 a year working for Long Island Railroad, while I earned $17,000 a year on disability. Around 2015, after my son joined the military at 17 and my children started living equally with both of us, the court... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025

Certainly it is legal, but voters do nothing to challenge this cockamamie scheme of suppressing the white working middle class. Child support enforcement is the culprit and it was ginned up by Hillary Clinton in the White House.

Elon Musk can procreate all he wants (now up to thirteen...
View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Hi , i have a 1 year old daughter and I'm currently with her dad. Can I put him on child support ?

I am trying to leave . I don't want to be with him anymore but he won't let me leave.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2025

The ordinary method to obtain child support is to move away with the child from the young father and then file in one's local family court. However, there are numerous cases where the parents are still residing together yet a support magistrate granted an order of child support.

The...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: When receiving snap benefits, does it affect the amount of childsupport a non custodial pay?

When receiving snap benefits, does it affect the amount of childsupport a non custodial pay? Would they add it to my income? I'm in court for a childsupport modification and even though I make more I'm still struggling becuase of the amount of deduction. I'm getting snap benefits to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2025

The asker may need a refresher as to recent American history. Our current system of child support enforcement, the policy that puts young fathers in jail, deprives them of their passports and driver licenses, has been in operation since Hillary Clinton was the First Lady in the White House. The... View More

1 Answer | Asked in Divorce and Child Support for New York on
Q: Our separation/divorce agreement is great deal for my husband who has been togehter over 15 years. I need legal counsel.

My husband and I are oversea and due to special status SOFA, he has upper -hand regarding to our children's custody and my job. We are separated under the agreement however it was not counseled by legal. In order to proceed divorce, due to lack of funding, I would like to have less battle as... View More

James R. Dickinson
PREMIUM
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2025

I agree with you that you need legal counsel to avoid being taken advantage of. Speak with a local attorney about your case or matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: Adult son is mentally ill, so many issues but right now they are looking at taking his license and a felony.

He has documentation stating this illness and unable to work.

He is highly in arrears!

No money for anything

What can he do?

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2025

If he is mentally ill, he should apply for Social Security Disability and-or SSI. Then the Court can look at that income to determine child support.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I'm looking for a pro bono attorney to help me with family court custody case with my grand daughter

I have had her since June 2023 neither parent does anything she is just use to hurt each other she has issues and needs to be cared for I love my granddaughter pls help

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024

The asker can make a request for assigned (free) counsel to represent her in her family court dealings. Otherwise, private family law attorney do not represent litigants free of charge.

1 Answer | Asked in Child Support for New York on
Q: statue of limitations on child support arrears in ny state
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 9, 2024

There is no statute of limitations on child support arrears. If there is an order in existence then arrears can be sought at any time.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Unsupervised visitation with someone who verbalized a hearing impairment and has had very limited contact with child ?

My son's father is not on child support and left NY in 2021, permanently, for a truck driving job across the country. He has requested visits randomly and has been allowed to see his son at my home, in the part, or play areas as well as sporadic phone calls. There is not a custody order but I... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

The typical father will get roughly half time with his child. Impediments include criminal convictions and child abuse findings where the father hurt the subject child. Otherwise, there is no reason to withhold the child.

Hearing impairments are irrelevant. Limited contact is irrelevant. As...
View More

1 Answer | Asked in Child Support for New York on
Q: Is an 18 year old child considered emancipated if his joined the air national guard?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 3, 2024

Joining the military is grounds for emancipation in most instances. However, leaving the military before age 21 could unemancipate the child.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.