New York Child Support Legal Questions

As I understand that trinidad is not a signatory on the Hague Convention as it applies to child support, you likely sole option would be to file a petition in Family Court in the county in New York State where your husband lives, and the court may permit a telephonic conference, if it assumes jurisdiction of the matter. However, it would probablky be to your benefit to have an attorney represent your interests in court. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com  ... Read More

In New York, if there is already a court order to pay support, the custodial parent can return to Family Court or Supreme Court (wherever the order came from) and file to enforce the order of which the non-custodial parent is in violation.  This will need to be properly served on the non-custodial parent in their state.  In cases where the non-custodial parent cannot appear, they can sometimes arrange for telephonic appearance. If your question is asking about how the custodial parent needs to proceed in TN, then I cannot answer that, as I am a registered New York attorney.  -- Best Regards, Morghan Leia Richardson, Esq. Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 347-746-1675 Fax: 212-574-3337... Read More

Generally, after a divorce is finalized, you can return to the same court (Supreme Court) and file a post-judgment action seeking to modify child support or custody or other issues you may be having.  Typically, you could file an Order to Show Cause to modify these issues. It sounds like you attempted to modify child support in Family Court, which is also usually permitted, but in some cases depending on the wording of the divorce a return trip to the Supreme Court is needed.    Issues like this can be complicated and you may want to hire a lawyer. If you really cannot afford one, check at the Supreme Court, many of them have legal assistance available.  Supreme Court also has filing fees (unlike Family Court).  -- Best Regards, Morghan Leia Richardson, Esq. Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 347-746-1675 Fax: 212-574-3337... Read More

Child support is modifiable every three years or if there is a change in circumstance (for instance, an increase or decrease in income of more than 15%).  If you have an order of support from a Family Court, you can return there to seek a modification.  If you have an order regarding support through the Supreme Court (for example, the determination was made during a divorce), then you can return to that court and use the same index number as your divorce to start a post-judgment action to modify child support.  Typically, in NY child support runs until the child is 21 years old or emancipated.  If your child will never be emancipated because of his special needs, then the support should not terminate.  Best Regards, Morghan Leia Richardson, Esq. Divorce Mediator and Attorney Richardson Legal PLLC www.MorghanRichardson.com www.NYDivorceShop.com Tel: 347-746-1675  ... Read More

New York courts will typically impute the amount of SSDI given to your son as income to you -- but the court should then credit you back the amount as child support.  If you find this confusing, join the club!  It is confusing, but basically the short answer is yes, you should be credited with the amount of SSDI given to your son directly. If you have a child support order from the Family Court, you might want to return there and file a modification.  If you had support determined in the Supreme Court, return there and you can use the same index number on your divorce papers to file a post-judgment action seeking to modify child support. Best Regards, Morghan Leia Richardson, Esq. Divorce Mediator and Attorney Richardson Legal PLLC www.MorghanRichardson.com www.NYDivorceShop.com Tel: 347-746-1675  ... Read More