New York Child Support Legal Questions

You will need to make an effort to serve her your petition to terminate support. You should also consider filing your own petition for support as well. If, after many efforts, you are not able to serve her, the court will consider allowing you some alternative means of service. Talk to a lawyer about your case for more details. Good luck.... Read More

I'm a little confused by your facts. If you are paying half of the mortgage, is that where you live or where the kids live?  Generally, you will subtract the amount of support you pay for the two from your income (after FICA and NYC taxes), then calculate 17% of that amount for the third child. You can also determine what the child needs or what she wants and try to settle that way. You might want to get the agreement in writing and make sure you are paying by check or in some way that you have proof. Good luck.... Read More

Perhaps you might be able to show that there was an agreement that you want to enforce from 2009, but honestly it sounds like a hard fight to win unless you have written proof.  When someone is harassing by phone, that is a crime and also a family offense. Instead of withdrawing the petition, next time file a family offense petition to stop the calls. Good luck!... Read More

It sounds like you made a bad bargain because you are paying way too much child support! Regardless, no one can force you to visit, it is your right and hopefully, if your divorce agreement is well-written it states that. You can file a downward modification of child support and she can file an enforcement of visitation - the court can help you in determining a new visitation schedule and in setting a proper amount of support that contemplates the expense of travel and any change in your income (assuming Nebraska pay is not as much as NJ). Talk to a lawyer for more specifics on your case. Good luck!... Read More

If the custodial parent is making a decision that you disagree with, file a petition or motion with the court to prevent the change. You can also file for a modification so that you can clarify your obligations on the add-ons. Typically, a noncustodial parent will pay basic support PLUS the pro-rata share of add-ons (like unreimbursed health insurance costs and daycare). If more daycare is needed because the school is changing, then you will have to pay your pro rata share. Of course, the daycare has to be so that the custodial parent can work. Talk to a lawyer about the details of your case. Good luck!... Read More

He could make a petition for a downward modification to try and get the amount reduced. He'll need to show proof of the things he's crying about. If he doesn't have a lawyer, he might not make the petition, and generally courts won't lower the amount without a petition. If he shows up with a lawyer, you can always ask the judge to delay again so you can find a lawyer. Good luck.... Read More

If you are earning pounds, I wonder if you are in New York. Anyway, I'm not sure why your father's house is a consideration - inherited property is separate property in New York, like your dad's house. If it is generating rental income, then that might be income for purposes of child support etc. Maybe you can stop renting out the house and just use it as a second home? You should definitely see a lawyer because your case is probably too complicated to get advice on an internet forum. Good luck.... Read More

Sounds like the attorney was somehow trying to underscore that the child is not involved in a meaningful activity despite it leading to a college degree. Attorneys are supposed to zealously represent our clients. Perhaps you found it offensive, but the judge is really the final arbitor in a situation like that. It sounds like the judge told him to drop that line of argument.     ... Read More

Generally no. But the spouse's income will be examined for purposes of imputing some of the benefits to the person who should be paying. If "he" is unemployed and his wife is paying the bills, then his benefit might be the value of the rent, utilities and food. That can be imputed to him as "income." Another approach might be to calculate what the child needs based on the custodial parent's expenses. ... Read More

You've probably realized by now that you are dealing with the child support equivalent of the DMV: child support collections unit has a bad track record for these sorts of things. I've found that going in person can get results (and they are much nicer). Go to the Family Court in your county or the county where the order for child support was made - there is a usually a child support collections office that can help. (Or check Google for the nearest location!) Good luck! ... Read More

If you are having a hard time paying, make a petition for a downward modification and see if you can get the amount lowered. If you are in arrears, your ex may not be required to let you claim one of the kids. Talk to a lawyer to review your paperwork and help you before you find yourself facing an enforcement petition (which can result in jail for willful failure to pay!) Good luck!... Read More

You cannot avoid child support. However, you don't have to file your taxes, but you can bring the W-2 and your last three paycheck stubs with you to court on Feb. 5. If you are on unemployment, bring proof of that. Fill out the court's financial statement form (it should have been given to you, but you can find it on the Family Court's website). Once you get to court, if you feel like you aren't ready or the mother has a lawyer, you can ask the court for more time to find a lawyer. The court might set a temporary amount until a hearing can be held, giving some more time for you to get your W-2 and provide financial information. Talk to a lawyer to help you get the best deal you can. Good luck!... Read More

Some of the value of what you are providing to your boyfriend will be imputed to him as income. It isn't that the court will make you pay his support, rather that he's getting free rent and utilities and that's something the court will be weighing against him. If he can't get your information, he will be faced with some negative inferences against him.  He should talk to a lawyer about defending his case and making a petition for a downward modification. A finding that he willfully failed to pay can result in jail time. Generally speaking, you can get your own lawyer to try and fight any subpoenas that might be issued to limit how much of your information gets exposed. Good luck.... Read More

I don't understand your question. Perhaps you can find cheaper health insurance (now more widely available). You might also try to file for a downward modification if your circumstances are changed. An appeal will generally result in going back to court before whatever judge/magistrate issued the first order, so that they can reassess the case. If you are objecting to a family court order, you need to do so within the proper time limit. Good luck.... Read More

You can file a petition in the Family Court to change custody based on the changed living situation. Then you can file a petition for child support. The Family court doesn't charge fees for filing petitions etc. If you do not make enough, you might qualify for a free lawyer on the custody case. You can't get anything, if you don't ask! Good luck.... Read More

It sounds like you each have one child and that washes out the basic child support obligation. In NY daycare expenses are add-ons to basic support. He should have to contribute his pro rata share of those extra expenses. If your son had extra expenses, you would have to contribute your pro rata share. If you and he can come to an agreement, even if he just pays half those expenses, you will save yourself the headache and expense of a contested divorce. Good luck!... Read More