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New York Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: What are the legal benefits of getting married before giving birth?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2023

There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: How much would the fee be to be represented by a lawyer concerning support order and divorce.

I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More

James L. Arrasmith
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answered on Nov 4, 2023

Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More

1 Answer | Asked in Child Support for New York on
Q: Cómo puedo mover una orden dada ya por child support de New York y deseo mover para Puerto Rico
James L. Arrasmith
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answered on Nov 4, 2023

Para trasladar una orden de manutención infantil de Nueva York a Puerto Rico, probablemente necesitará registrar la orden en Puerto Rico. Por lo general, esto implica obtener una copia certificada de la orden de Nueva York y presentarla ante el tribunal correspondiente en Puerto Rico. La Ley... View More

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: Can my foreign father be served to pay back child support he never paid?

My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More

James L. Arrasmith
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answered on Nov 4, 2023

Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More

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
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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.

2 Answers | Asked in Child Support and Family Law for New York on
Q: Can I get the money I paid back since he was not there and was in military. Doesn't the custodial parent have to notify
Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult... View More

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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.

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: What would be good evidence / exhibits to use in a child support trial?

Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More

Peter Christopher Lomtevas
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answered on Sep 7, 2023

The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.

What we can say...
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1 Answer | Asked in Child Support and Family Law for New York on
Q: What happens when a person receiving child support owes the person paying that support a significant amount of money?

My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 16, 2023

Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.

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.

1 Answer | Asked in Family Law and Child Support for New York on
Q: How does my step son go about a separation with his girlfriend? They have a 2 yr old son involved.

They live in a house that she bought when they first got together, but he pays for everything. He has it set up so that 90% of his paycheck goes in her account to pay all the bills. He is a very involved father. He wants to leave for several reasons but is unsure how he should go about it so he... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 17, 2023

Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential... View More

2 Answers | Asked in Child Support for New York on
Q: If my ex girlfriend said on video that she will not take me for child support, can I use that in court against her?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 16, 2023

No. It is not relevant. She could change her mind.

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Will working cut my child support?

I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

You don't say if the child support is due to an Stipulation between your parents or a court order. Usually, working part time or even full time during periods that you are out of school will not affect the child support. However, if you are working full time while going to school and are... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: In New York, what does a child support trial consist of?

The original court order was established in 2017. We submitted our Financials (three years tax returns, W2's, 3 recent pay checks) The magistrate came up with a number and that was it. I filed for a modified recently and the non custodial parent tried to get my petition dismissed. The... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 13, 2023

A trial is where the Petitioner presents their case and the Respondent defends. The Petitioner calls witnesses and presents evidence and the Respodent can cross examine the Petitioner and the witnesses. The Respodent can call witnesses and present evidence. It is a good idea to hire an attorney... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I filed for child support i2 year ago and have not received a final termination by the Court in Manhattan.

I believe the father contested the determination but no response from Judge after that. What can I do?

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023

If you have filed for child support and have not received a final termination by the Court in Manhattan, it is recommended to follow up on the status of your case. You can contact the Clerk's Office of the court where you filed the case to inquire about any updates or next steps. They should... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: My husband file divorce October 26, 2022. He have a lawyer. He forcing me to mutually divorce. I need lawyer.

I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.

2 Answers | Asked in Bankruptcy, Family Law and Child Support for New York on
Q: Why did I receive form 309A when my son's dad (who I never married & have not been with for 17 years) filed bankruptcy?

I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail... View More

Timothy Denison
Timothy Denison
answered on Jun 20, 2023

It should not affect your son at all. YOu received the 309 because he owes you a domestic support obligation. Child support is still due and owing even with a bankruptcy and cannot be discharged.

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2 Answers | Asked in Child Support and Family Law for New York on
Q: When calculating child support, will the magistrate take over time into consideration as income earned?

The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 6, 2023

If overtime is available, the court will consider it for support purposes. If the non-custodial parent can prove there is no more overtime the court might not consider if the stoppage of overtime is not the result of the non-custodial parent's action.

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