New York Child Support Legal Questions

The general answer is , modification can be made when there has been a  substantial change of circumstances.  Substantial changes for example are ; the parties increase or decrease of  income, needs of the  child, education, special services, age , etc. In addition it is important to know and understand how  you are receiving support. Is it by agreement? Is it by order? Is it with out agreement?  Etc.... Read Answer

If you do not address this issue now, it is extremely likely you will likely be foreclosed from seeking the reduction later on, as the Supreme Court hearing the divorce has 'jurisdiction' over all issues, including child support.  However, you should discuss this matter with your lawyer. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read Answer

You should ask the court to have the North Carolina authorities revoke his driver's license, if that is permitted under North Carolina law; and to have the US cancel his passport. Further, the Court should issue a warrant for his arrest, and have the warrant carried out in North Carolina. This may be of assistance. Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com... Read Answer

Child support in New York state runs until the child turns 21 years old, or otherwise reaches an "emancipation" event.  If you are paying support based on a stipulated order, there may be language in your stipulation about emancipation events.  Typically, a few examples of an emancipation may be when the child stops living with the custodial parent (aside from temporary situations like college, camp or other school), if the child becomes employed full time, or if the child enlists in the military.  If the child is no longer in school full time and you believe that an emancipation event has occurred, you can file a petition with the court to terminate your support obligation.  -- Best Regards,   Morghan Leia Richardson, Esq.   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.RichardsonLegalPLLC.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read Answer

From your facts, it sounds like you should consider going to Family Court in the area where you live and filing for custody and child support (once the baby is born).  If he will not admit paternity, you may need to prove it (a paternity test would clear it up and you can get the court to order one). The Family Courts in New York City have excellent services for low income individuals. Many have a free lawyer service that can provide you help in starting your case.  Best Regards,   Morghan Leia Richardson, Esq.   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.RichardsonLegalPLLC.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read Answer

The main question will be what occurred after the first time you filed child support.  If you received a child support order 10 years ago, then that order is still in effect and the father therefore owes arrears going back to the date of the filing of your first petition.  But again, this is if you actually were given an order by the court.  If your case was dismissed, and therefore there was no standing child support order, then you will have a hard time getting a judge to order retroactive child support back to the day of the first petition.   The more likely case, if there is no standing child support order by the court, is that you will only be given retroactive child support going back to the date that you recently refiled for support after the father was located.  ... Read Answer

If you are currently making child support payments through the Child Support Collection Unit, then you cannot change to whom the payments are made.   It is best to think of child support this way: When you had child support ordered (presumably) by the court, they calculated what the total obligation for child support was for both parents, and then what your share of that was based on your income and the other parent's income.  The custodial parent then pays for all the expenses of the child, and your job is to make payments that will reimburse her for the costs of the child.   When your child is away at college, the custodial parent will still be paying for a share of her living expenses, so you would still be reimbursing the mother for what she pays on behalf of your daughter.  ... Read Answer

Generally, you should not have to pay for daycare or extra activities unless you are presented with a receipt in advance. It really will depend on what the Court Order in your case says specifically. Best Regards,   Morghan Leia Richardson, Esq. Divorce Mediator and Attorney   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 212-537-6744 Fax: 212-574-3337  ... Read Answer

I'm not sure what state the child support order is under, but in New York the amount SS pays directly to the child is a factor and is weighed in the child support calculation, meaning, I've never had a case where the person on disability had to pay additional money over the SS disability amount provided directly to the child. You may want to talk to an attorney with all of the specifics of your case, but generally, depending on what the court order says, you should not be obligated to pay more than the court has ordered. -- Best Regards,   Morghan Leia Richardson, Esq. Divorce Mediator and Attorney   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 347-746-1675 Fax: 212-574-3337 ... Read Answer

You could possibly try and attack the agreement by claiming you didn't know what you were signing or that the Father had not properly disclosed his income at the time you signed it.   Typically, the Child Support Standards Act guidelines have an income cap at $136,000.00.  The father's income above the cap can be treated in different ways depending on the needs of the children.  -- Best Regards,   Morghan Leia Richardson, Esq. Divorce Mediator and Attorney   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 347-746-1675 Fax: 212-574-3337 ... Read Answer

As you were previously married to the mother, the judgment of divorce (if in NY) stated what the child support that was to be paid. If you were obligated to pay support, then that past obligation does not cease to exist once your children were 'thrown out'- there will be arrears for past due support. However, your question is unclear whether your daughters are living in New York. Additionally, if you did receive the summons, then it is likely the court will ignore the error in the address listed. However, you should consult with an attorney. Gerry Wendrovsky, Esq. http://www.upperwestsidelawyer.com/... Read Answer

Without knowing more about your case, it is difficult to provide an answer.  Generally, it is against public policy for a court to award no child support. The minimum allowed under the Child Support Standards Act is $300/year.  You and the person could agree to a child support amount that is lower than what the statute requires him or her to pay (which is his or her pro rata share of 17% of combined parental income up to $136,000 for one child). Best Regards,   Morghan Leia Richardson, Esq. Divorce Mediator and Attorney   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 212-537-6744 Fax: 212-574-3337   ... Read Answer

Based on what you have provided, you could file to get a downward modification of child support in Family Court and attempt to get the child support award modified.  You will need to continue paying the court ordered amount until you get another court order that modifies the award. I would suggest consulting a lawyer to determine your chances of succeeding in a modification. Best Regards,   Morghan Leia Richardson, Esq. Divorce Mediator and Attorney   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read Answer

Without more details it is hard to say. However, generally, unreimbursed medical expenses are considered a statutory "add-on" under the Child Support Standards Act.  This means that such expenses are in addition to the basic amount of support.  It will really depend on what your court order or agreement says about such expenses. Best Regards,   Morghan Leia Richardson, Esq. Divorce Mediator and Attorney   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read Answer

The Court will provide you and your exhusband with forms called Financial Disclosure Affidavits that requires you to both list your expenses and your income.  These documents are sworn statements about your finances.  If your spouse is lying about his income, it may be obvious when comparing his expenses to what he says he makes.  If you can show that he makes more money, even based on your personal knowledge of his employment when you were married, then the Court may impute income to him -- meaning the Court may believe your representation of his finances if it appears that he is not being completely forthright.  At minimum, the Child Support Standards Act provides that payors must pay at least $300/annual.... Read Answer

As neither party still lives in New York, it would appear that New York is no longer the 'home state' of your child. However, the question where you would petition to modify the child support obligation would be dependent, in part, on whether your income was processed through the 'Support Collection Unit', in New York. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com  ... Read Answer

Without reviewing the existing orders, the judgment of divorce and the divorce agreement, it is difficult to answer your question. However, based on the time spent with the children, it would appear that he may have grounds to seek a modification of the agreement and his obligations. He should consult with counsel, and consider filing his own application. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyerwww.upperwestsidelawyer.com    ... Read Answer

The answer would depend on what the findings of the Family Court are, and the language of your divorce judgment and agreement. What is troubling is that the Family Court said to go to Supreme Court- it may be that your divorce paperwork did not give the Family Court 'jurisdiction' to re-examine the terms of the agreement.  However, from what you have stated, the terms would appear to leave open the chance to address this in Supreme Court now. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyerwww.upperwestsidelawyer.com  ... Read Answer