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New York Child Support Questions & Answers
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
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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.

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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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 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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1 Answer | Asked in Child Support for New York on
Q: I have a child that is twenty with a child of his own and one that doesn’t go to school and is constantly smoking

And drinking. Do I have to keep paying support even though he has a kid of his own?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 3, 2023

If your child is living away from the recipient of the support or os self supporting or being supported by someone other than the custodial parent you can file to declare the child emancipated. You should speak to an attorney.

1 Answer | Asked in Child Support for New York on
Q: In a 50/50 shared custody agreement . Who pays child support?

I currently have joint custody. Child resides with me. We are modifying our order to 50/50 residential custody. Child lives with both alternate weeks. Will I still be entitled to Child support? He us the higher earning parent.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 2, 2023

In a shared custody arrangement, the higher earning parent pay child support. You should speak to your attorney who is handling the custody modification.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for New York on
Q: What is the harshest punishment someone can get in NYS for willful non payment of child support?

If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.

Without getting into the utterly incompetent...
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1 Answer | Asked in Child Support for New York on
Q: In N. Y. S. Family Court system is there a higher court that can change a child support order that is based on IMPUTED

Income used to calculate a unjust obligated amount I'm being charged 300$ a month when my income level is below the self support reserve

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 12, 2023

If the support magistrate applied the law incorrectly then an objection can be filed which sends the order to a judge. Rarely do they review factual issues. After that an appeal to an appellate court can be filed. There is a limited time to file an objection. Contact a lawyer.

1 Answer | Asked in Child Support and Divorce for New York on
Q: If I pay child support by mutual agreement not through court. Does that money count towards mortgage etc

Is she entitled to credit for mortgage/tax payments that she made for the 4 years I moved out if I’m paying monthly child support.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 12, 2023

Child Support and mortgage payments are not related unless a court order specifically says so.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying arrears for the last 5 yrs I recently got a satisfied judgement for those arrears on that same case..

But yet child support still take out of my SS and my arrears seen to increase...from the original amount...of 24,000$ to high as 35,000$ I would've payed if it continues

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

We here have no idea what the question is. If the question has to do with ever growing arrearages despite payment, the asker should visit his local support enforcement office. Perhaps the asker's account was mixed up with someone else's. We don't know.

1 Answer | Asked in Child Support for New York on
Q: In new york can a judge order any amony they please for child support or must they follow the formula
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 21, 2023

Child support is based on a statutory formula up to the threshold. Beyond the threshold the amount is discretionary.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.

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

You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.

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