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New York Child Support Questions & Answers
2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: I need immediate help in New York State I’m a low income veteran i can pay monthly no more than 1k i need help with

A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 10, 2022

You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.

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1 Answer | Asked in Child Support for New York on
Q: Are all w-2 used to calculate child support.
Howard E. Knispel
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Howard E. Knispel
answered on Feb 20, 2022

Child support calculations take into consideration ALL income and the court can even impute income to those that are under-employed.

1 Answer | Asked in Child Support for New York on
Q: Ex boyfriend was on reserve /active orders 2016-2021. During child support hearing didn’t provide all income for 2021.

He was getting income from military and partial pay with nypd. Claims no longer employed which is reason for not showing w-2

Howard E. Knispel
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Howard E. Knispel
answered on Feb 20, 2022

Not sure what the question is. Has there been a final order issued yet? The court can impute income. You need to speak to an attorney who could review your case.

1 Answer | Asked in Child Support for New York on
Q: Hi, What is the statute of limitations from the last court order on child support collection enforcement? NY

I am being denied SS and other things based upon the last court order of approx. 25 years ago. I need to know the statute name/number and what that actual Statute of Limitations is for collection enforcement for the State of New York.

I also wish to pursue a Federal Court ruling on the... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jan 30, 2022

There is NO statute of limitations on the collection of arrears of child support. The collection of any arrears can be enforced forever.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: How do I prove I am currently living alone? I live in a detached house by myself.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 29, 2022

Without stating for what purpose, we really don't know how an asker can prove he lives alone. If this is for a court proceeding, the asker can simply testify he lives alone.

1 Answer | Asked in Family Law and Child Support for New York on
Q: In NYS….. outside of NYC…….is there arrears assistance for NCP’s?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 27, 2022

No. ........................................... .

1 Answer | Asked in Child Support for New York on
Q: Is the legal father obligated to help cover rent in the apartment where the child is living ?
Howard E. Knispel
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Howard E. Knispel
answered on Jan 25, 2022

Parents are obligated to support their children. Usually the non-custodial parent is ordered to pay child support to the custodial parent based on income.

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Does the amount of child support reduce for the non custodial parent if child doesn’t live with custodial parent?

If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Dec 20, 2021

If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.

1 Answer | Asked in Family Law, Personal Injury, Child Support and Small Claims for New York on
Q: Can I take any legal action against my parents for childhood abuse and neglect resulting in severe mental illnesses?

My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 10, 2021

So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of... Read more »

1 Answer | Asked in Child Support for New York on
Q: How do I collect arrears?

I have a support order over 40k in arrears and somehow he is a free man! He is working because his iron worker union has told me but support collection doesn't get a response from employer. Should I hire a lawyer?P.I ? I have tried by the book and he gets away with no responsibility at all!!

David Ivan Bliven
David Ivan Bliven
answered on Dec 7, 2021

You should file a violation petition - with the aim of obtaining a money judgment. Among other things, the money judgment accrues 9% interest on the arrears. It also allows you to take action if SCU isn't - you can (via an attorney) move to garnish wages, seize money from his bank accounts,... Read more »

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Father of a 4yr old. Child support and custody established to mother. Mother promised to make my life hell for 18 yrs.

I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?

David Ivan Bliven
David Ivan Bliven
answered on Dec 4, 2021

Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Good evening, I was wondering if it would be easier to file for an uncontested lawyer(k, We know what we want already.

We have two kids also.I’m willing to pay whatever the state recommends for child support

Theodore Alatsas
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Theodore Alatsas
answered on Dec 2, 2021

Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... Read more »

1 Answer | Asked in Child Support, Civil Rights, Constitutional Law and Public Benefits for New York on
Q: Sorry not an american by birth or anything and I have stayed 15years here in united state have no legal papers
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Will the court keep a child support case in a different state even if the baby and mother reside in NY?

Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no... Read more »

Kellisia Jocintha Hazlewood
Kellisia Jocintha Hazlewood
answered on Nov 17, 2021

If mother and child are in New York, New York has jurisdiction over the case and not Florida. Your friend should retain an attorney who would be able to help serve the father in Florida.

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2 Answers | Asked in Child Support for New York on
Q: My disbursement payment was $474.94 but only received $200. Will the payments roll over to the next month ?

My disbursement amounts changes. Only received $200 for 3 kids but my disbursement amounts be way more than $200. Where does the rest of the money go?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2021

You are entitled to whatever is in your court order. The amount you receive could be because, by law, the CSCU can only take up to 65% of disposable income. If the payor received less income, you might have received less disbursement, but the remainder is still owed to you and becomes arrears.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I have a support & custody case in SC and live in NY. The CS was transferred to NY. Can I do the same for custody?

I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 5, 2021

The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... Read more »

1 Answer | Asked in Child Support for New York on
Q: Why didn't the New York State Support Collection Unit give me the payments that my husband paid for over 3 years??

My ex-husband had not paid in about 4 years. He was in another state and working under the table. Unbeknownst to me, he started making payments. No one ever contacted me and I never received any payments from the SCU. What is my recourse??

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 1, 2021

You should contact the CSCU. They may not have your current information.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Order states support is to credit me for overpayment made to other party but support is refusing to comply. What to do?

Court order states any overpayments made to other party I am to be credited. The support unit is refusing to comply. Courts state this is a support issue only. Support says go to small claims, small claims says no this is a support issue. Support still refuses to comply. spoke to two supervisors... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 1, 2021

This question reveals a classic "pro se runaround" that all levels of government give to citizens of this nation. Just as police can lie to a citizen, so can any branch of government lie to a citizen.

As for this question, we really cannot answer it because we cannot see the order...
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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can this be used in a child custody case

Screenshots of old Facebook post from child's father badmouthing the mother calling her names and threatening violence against her example being somebodies gonna blac youngsta my dumbass baby mama and how far back can I go there is years worth of bad mouthing the mother on his Facebook page

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 29, 2021

Evidence of what? I do not see anything that would be deemed harmful to the child, which should be the only criteria.

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