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COVID-19 New York Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

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... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.

My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 1, 2021

That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.

1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.

The divorce decree was from NY .

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 19, 2021

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.

1 Answer | Asked in Child Support for New York on
Q: Hi, How does child support work with this pandemic? What can you recommend me to do about this case?

I give an amount of $ 368 every two weeks to my son's mother.($ 125 childcare is included.)

I also pay 280 a month for health insurance sharing it with my son

That’s what the court required.

my earnings are 22 per hour, working 40 hours weekly.

Now I am... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 12, 2020

You must follow the court order as written. If you need to change that, you need to file a petition for modification. Even if you case is not heard right away as the courts are closed, your petition will be filed and any modification award would be retroactive to the date of filing.

3 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: For a family court case if the mother is a resident of NY and father KY can the case be brought to NY??

The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY... Read more »

George E. Patsis
George E. Patsis
answered on May 29, 2020

It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be... Read more »

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3 Answers | Asked in Child Support and Divorce for New York on
Q: Uncontested divorce lacks sufficient child support amount, action will be dismissed in 30 days, what is the action

We used a well know service provider, neither party was given copies of paper work. They are not open due to covid-19. The support amount is of by 2 dollars. Will the application for divorce be thrown out over this issue? The court has given me or us 30 days to provide the documentation or the... Read more »

George E. Patsis
George E. Patsis
answered on Apr 22, 2020

Child support for one child is calculated as 17% of the combined income of the parties, up to $154,000.00. If there is an error in the child support calculations, the Court might not accept your uncontested divorce paperwork. The Domestic Relations Law requires very specific language in all... Read more »

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