Lawyers, Answer Questions  & Get Points Log In
New York Child Support Questions & Answers
2 Answers | Asked in Child Custody and Child Support for New York on
Q: Child custody and child support

I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More

David Ivan Bliven
David Ivan Bliven
answered on Dec 17, 2022

In theory, you could file an order to show cause with the Court ion the child support case, requesting that the court issue a preliminary order suspending the child support. It's questionable whether the magistrate will grant same in advance of your regular return date & in advance of an... View More

View More Answers

2 Answers | Asked in Child Custody and Child Support for New York on
Q: Child custody and child support

I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 30, 2022

The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.

View More Answers

1 Answer | Asked in Child Support for New York on
Q: can a Custodial Parent waive the non Custodial Parent child support arrears.

there was never an order for child support payment from the non Custodial Parent due to her mental health and homeless on public assistance with addiction issues. I was working and did not wish to collect child support knowing the incapable status of the non Custodial Parent.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 16, 2022

If there are arrears, there must have been some order. A custodial parent can waive arrears unless there was public assistance, in which case only the Department of Social Services can do it since the arrears would be owed to them.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: My ex-husband agreed to pay college and isn't. What state do I start the legal process?

My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 23, 2022

It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.

View More Answers

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

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for New York on
Q: As a responded to petition for child support and child custody made on knowingly, false claims

Been married since 2010 to present having endured physical abuse, deformation, parental alienation and ears of narcissistic controlling behaviors, having to endure having numerous affairs, these individuals living in the homes with my children, while the narrative of being a single mother is... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

Unfortunately, America's laws were not written with emergencies in mind. Our current economic situation with core inflation at 5% and rising means were are entering a recession, and jobs are going away, wars are starting up, cost are escalating, and there is no end in sight until a new... View More

1 Answer | Asked in Child Support for New York on
Q: My ex never told me that our son joined the military at 18 and I just found out 2 years later.

My son reached out to me. I don't owe back support. I have paying them for 2 years and he never lived there

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2023

Joining the military is a basis to suspend child support. However, it is unlikely that you can get anything you paid back. You should have a consultation with an attorney and show them any orders and stipulations that you entered into.

1 Answer | Asked in Child Support for New York on
Q: For Child Support in New York State, does cashing out an Inherited IRA count as income?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 28, 2023

The short answer is yes. Any and all income from any source is counted toward income.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: At what age does a custody agreement become null and void in New York State?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 15, 2023

When the child becomes 18 years old.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Going thru seperation, have no alimony or child support, nor do I work, my daughters school won’t give me a break on tui

Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 22, 2023

You should discuss your options with your attorney.

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.