New York Child Support Legal Questions

On the direct support payments -- and technically you are not even permitted to seek an accounting of what she's doing with the child support payments.   If you believe that she is not providing adequately for your chldren, i.e., not paying for food, shelter, clothing, etc., then you may be able to bring an application in court, but it is risky. As for the payments to third parties, you should make arrangements to pay those items yourself if the money is not being paid to the proper vendors.  I would not give the kids the money -- that won't be acceptable -- but if you pay their car insurance, buy their clothing, etc. yourself, then at least you know where that money is going to. Good luck.   Ilysa  ... Read More

If you have a child support order, he'll need to file a request to modify support. You can fight with him about the nature of his injury and possible award in court. If he stops paying the amount he is supposed to pay, you can file a violation. Talk to a lawyer near you to determine all your options. Good luck!... Read More

The moment you and the child's father separated, you were entitled to file for child support and custody. You can file both petitions for child support and custody in the Family Court. Back support (arrears) only run from the date that you first request them in court. This means you have missed out on FIVE years of support that you can never get! Don't wait any longer.  As for custody, you can ask for supervised visits. This may be initially until the child gets to know Dad. The court might appoint a lawyer for your child to make recommendations.  Support and custody can be complicated issues. Consider hiring a lawyer to help you.    Good luck!... Read More

Hi   There is a uniform statute across the country called Uniform Interstate Family Support Act.  You can go to Family Court in your county and file a UIFSA petition for child support arrears if you have an order of the court; it's a petition for enforcement.   The Family Court will deal with the Court in Ohio. The Family Court in Ohio will then force your former husband to appear and produce evidence of his earnings.  If he says he has no income, there is still a minimum that must be paid.  You can then arrange to have Support Collection Unit, or its companion institution in Ohio, do an income execution so he never even sees the money and you get paid directly. Hope that helps.... Read More

Can you deport a dead beat?  Not for failure to pay child support and, in the grand scheme of things, you would be: 1 - destroying any potential for a father to develope a relationship with the child; and 2 - possibly empower the Dad to stay in the USA by having him protract court appearances that require his appearance  ... Read More

There are a couple of questions in your inquiry:   1.  You indicated your daughter would be 18 years old one month into her freshman year.   NYS is a "21" state which means that she is not considered emancipated until she's 21 unless she becomes emancipated another way -- marriage, military, full-time employment (but not while in school).  Your daughter being 18 is not relevant here.   In fact, if you and your ex-wife have an agreement, it may have defined how long you need to pay support.  Often by agreement, spouses agree to support their kids thru college and often till 22. 2.  Child support contains a shelter allowance as part of the amount you pay.  Since your ex is maintaining the child's residence, and she will be returning during breaks and vacations, your ex needs funds to pay expenses.   The money does not go to your daughter.   The question is also whether you are paying room and board where your daugther will go to college and whether that's a duplication of what you're paying your ex in child support.   There are counties in this State where you would receive a dollar for dollar credit against your child support for room and board paid on your daughter's behalf.      I hope this helps.... Read More

Hi -- the short answer to this question is:  no, you must continue to give the money to her mother.   The support is intended to provide for her shelter and other expenses when she returns home from school as well -- during breaks and vacations -- so, the money must be provided to her mother to pay expenses in her absence.   The question is:   are you also paying your daughter's room and board while she is away at school?   If so, it would have been expected that you would have received some proportional reduction in your child support so that you weren't, in effect, paying housing expenses in two places.   However, if your agreement has no provision for a reduction, I'm fairly certain that's not going to happen.   Good luck!... Read More

If the plaintiff is representing himself/herself, then the plaintiff is actually his or her own counsel.  At that point, yes, a plaintiff, who is pro se, may contact the defendant's attorney to discuss the case.   However, if the plaintiff is represented by counsel, contact with the other party's attorney is entirely improper.   I hope this helps.... Read More

No, you cannot sue for child support if you are the child in question.  I'm sorry for your situation, however, people every day all over the world face great adversity and overcome. Rather than focusing on blaming your parents and the bad things in your life, try focusing on succeeding. Put your energy into yourself and let go of your anger and blame (because negative emotions only hold you back). Stop thinking about the past and focus on your studies and ways that you can advance yourself. Good luck!... Read More

You should review the retainer agreement (contract) you signed with your attorneys. It will set forth the terms of your payment obligations to them. If you aren't happy with their representation, you can always change lawyers. But most likely, they will seek the fees from you, as they have spent time on your case. As lawyers, charging for our time is the only way we have to get paid. If you feel the invoicing is wrong or unfair, try talking to them about the bill. No lawyer is allowed to charge you for time spent on invoicing questions. Good luck!... Read More

It depends. It may be that the nonbio father who signed the AOP will be found to be the child's legal father, in which case he'll owe support. If not much time has gone by, and he finds out he isn't the father, and the real father is located, this should be resolved by the family court so that the real father is responsible. The real father will also have the right to file for visitiation. Good luck.... Read More

It really depends on what your agreement or order says you need to pay. I don't recommend cutting back on the support payments. You might want to talk to a lawyer about making a modification petition so that you can clarify how much you need to pay for medical and whether she should be paying her pro rata share of the medical cost, or there should be a credit against basic support. Cutting back on basic support without a clear order will only get you into trouble with her claiming arrears are due. Good luck.... Read More

Family Court has an ongoing responsibility to entertain modification petitions, particularly where you accepted less to permit him to get himself stabilized financially.  I'm certain that your judgment of divorce gives Family Court the authority to revisit issues like support.   There is now a statutory three year review of child support obligatios in any eent.  I would file a petition to modify child support.   Your former husband will be required to bring his financials with him so that the judge can assess the proper amount of support to be paid for your family.... Read More