Get free answers to your Child Support legal questions from lawyers in your area.
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?
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.
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... View More 
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... View More
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??
answered on Nov 1, 2021
You should contact the CSCU. They may not have your current information.
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... View More
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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... View More
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
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.
My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... View More
answered on Oct 4, 2021
Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... View More
My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... View More
answered on Sep 15, 2021
Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole... View More
I probably should have filed when my baby was born but I went through a very long recovery and the courts were closed in NY. I was trying to work out a deal with my ex amicably. Are there any circumstances that would allow NY to award us retroactive child support from birth? My daughter is 8 months... View More
answered on Sep 14, 2021
No. By law, child support is only retroactive to the date of filing of the petition.
Because of Covid and a long recovery from post partum, I wasn’t able to file until recently. My daughter is now 8 months old and we haven’t received any child support from her dad. He was there for the birth of the baby but did not sign the acknowledgement of paternity or birth certificate.
answered on Sep 14, 2021
You are going to need to file a paternity and support action. Child support can only be retroactive to the date of your petition.
My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... View More
answered on Sep 9, 2021
Unfortunately, the answer is no to your question. Since your daughter will not be a member of the stepmother's household she cannot be covered.
Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... View More
answered on Sep 3, 2021
In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.
I filed for modification in June and have no income to pay the support. I have paid as much as I can and have fallen behind. I'm afraid they will take my license or send me to jail. I am behind 3 payments this week. They told me it can take up to 60 days for a decision and will go back to my... View More
answered on Aug 25, 2021
Before you can be sent to jail, there must be a violation petition filed and a decision that you willfully failed to pay the support. Based upon what you have written, you cannot be sent to jail. Your license can be suspended but that depends on just how much you owe for how long.
paid expenses For my child. This worked out well for both of us as she never wanted to bother with court. Now my son is 19 and still lives with his mother. I still provide for him financially but I feel he is an adult and should get a job to help cover some expenses. My ex is now threatening to... View More
answered on Aug 13, 2021
In NY child support obligations are till 21. However it is only retroactive to the date of the filing of the petition. Assuming, of course, there was no prior order.
I'm a non custodial parent, per court order I am responsible for 53% of unreimbursed health related expenses. My daughter recently got dental retainers placed. Per dentist office these were voluntary and not medically necessary. Insurance doesn't cover as they are considered a cosmetic... View More
answered on Aug 10, 2021
If these are purely cosmetic and there is no medical necessity, unless your order says otherwise, you may not be responsible. The mother needs to make the argument these are medically necessary.
answered on Aug 9, 2021
Well, it seems you were defaulted and an inquest was taken. You could try to restore the casae with a motion, but it depends on how long ago the case was heard. You could file a new petition to modify but that will only retroactive tyo the date of your new filing. Talk to an attorney.
answered on Jul 27, 2021
You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.
I been paying child support for over 20+ years in arrears and paid off New York in 2 years 30,000. Now Massachusetts is saying I owe them 32000 which not only they take from my check every two week but they take my income taxes i feel like forever and when I look in child support acct it never goes... View More
answered on Jul 26, 2021
New York is a big state. What county is the case in? Where does the mother live?
I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... View More
answered on Jul 17, 2021
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef,... View More
answered on Jul 17, 2021
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... View More
answered on Jul 11, 2021
There are no ramifications except that your wife will tell your daughter of your refusal
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