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New York Child Support Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 14, 2022

Once a permanent child support order is issued, the arrears dates back to the date of filing.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 12, 2022

You would need to file a petition with Family Court to relocate with your children. You would need to show that it would be in their best interests. The Court would look at a number of factors such as the relationship between the children and their father and how the move would improve the... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2022

Former Governor Andrew Cuomo said it best, "You can get away with anything as long as you don't get caught." This principle is especially pertinent with children and families. The asker can depart and the left-behind parent does nothing. Six months later, the asker is free and clear.... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... View More

1 Answer | Asked in Child Support for New York on
Q: If the noncustodial parent owes over 10,000 & just started paying a week ago .. is he still able to get introuble.

Noncustodial parent just started to pay child support but custodial parent is threatening to report him for not paying. Can he legally get introuble if he just started paying

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 29, 2022

Legally he can still "get in trouble" ie. Lose his license or even jail. The court will take into consideration his payments, but unless he is paying toward his arrears, he is not making a dent.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Will I be restricted from traveling if I received a notification about passport denial?

I received a notification stating any tax credits will be intercepted to credit current CS arrears and a passport denial. I currently have an active passport and will be traveling abroad soon. Will I be restricted from traveling due to notification? Will I be arrested upon leaving or arriving? If I... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2022

Upon notification of passport denial, the asker will be blocked from boarding a plane outbound. If the asker is out, then he'll be blocked from being inbound. Paying the arrearage clears up the block right away, but in these days of global panic and government incompetence, the amount of time... View More

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... View 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
PREMIUM
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
PREMIUM
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... View More

Howard E. Knispel
PREMIUM
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

Howard E. Knispel
PREMIUM
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... View 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... View 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,... View 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
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... View 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... View More

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