He would need to subpoena his doctors in to testify that he can't work. Has he filed for disability? He has to prove to the Court that he cannot work and it is not an easy thing to prove.

Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... View More

If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the... View More

The short answer is yes - child support generally continues in NY until age 21 unless the child is emancipated. If the child's attending college, then generally the non-custodial parent would not only pay basic support, but also pay his/her share of college expenses as well. Schedule a... View More

If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live... View More

The Court does not have an obligation to "verify" her income. That's your responsibility - you could have, for example, issued her a disclosure notice and/or served subpoenas. Schedule a consult with a Bronx Child Support Attorney for a full assessment.

This is something that the attorneys here who work with child support matters would know best, but your post remains open for a week. It's going to be difficult for someone to get back to you because this forum is not set up like an attorney referral service - its just a Q & A board. You... View More

Unless you have an divorce agreement that says support continues beyond the age of 21 all support obligations for a child end at 21.

The male will have to pay child support. That obligation may wait until he turns 18 but at some point he will have to pay.

File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.

The issue is whether your son is "self supporting". While working full time is one variable, if he is making minimum wage and unable be support himself, the court can continue child support.

You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... View More

You should speak with an attorney immediately. You will need to show him your divorce decree and stipulation of settlement if you have one. If your daughter is going to school you will probably be required to continue support payments.

It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.

Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.

If you are on public assistance, any child support collected goes to the Department of Social Services. They can go after him to reimburse them for your public assistance.

Typically the order can be terminated on death of a parent, but if there are state-owed arrears, the will collect until their debt is satisfied. You may need to file a pleading with the court to terminate the support, otherwise the state may continue to collect. A copy of the death certificate is... View More

Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... View More

Your state’s child support law dictate the answer to this question. You will need to consult with a licensed family law attorney for specifics.

No. Your obligation of child support continues during your incarceration.