New York Child Support Legal Questions

Have you talked to your divorce lawyer about it? You can always claim them and it will trigger IRS to look into both your taxes. He shouldn't be claiming them if they don't live with him. File first this year and him trying to claim them will also trigger an IRS response. Or have your lawyers talk about the best way to handle this (if they can). Good luck!... Read More

Child support arrears typically run from the date the petition is filed. If your ex withdrew or settled her prior case and there was no order for support, she may have a hard time showing she deserves arrears to that date. Make sure you have all your documentation that you paid (if it was cash, you need to show as much as possible communications evidencing you paid). File a modification to suspend support because of lack of access. ... Read More

Your question is vague. If you are seeking child support because you have a child, then you should file for support.  If you want your mom to get support from your dad, she needs to be the one to file for support because you (the child) don't have the right to file that petition. There is usually a free lawyer at the Family Court that can help you or your mom file a petition. Good luck!... Read More

Child support runs to the age of 21 in New York. If you think your son is emancipated (he's working, not in school - or one of the other typical emancipation events), you can make a petition in the family court to stop payments. Continue to pay until you have a court order that says you can stop.... Read More

You should go to the Family Court and file a petition for establishing paternity and a request for child support. The father does not need to consent for you to file these things. However, if you and the father can agree about paternity (or get a test on your own) and agree about the amount, you can have him pay you directly. If he isn't willing to help support the babies when they arrive, then you should go to court. Good luck.... Read More

This question is confusing. If there is a petition for child support, then the arrears go back to the date the petition was filed. If the child is emancipated, then I'm not sure why you are involved in a case (but if you have a support order, you should move to modify and terminate payment because the child is emancipated).... Read More

The question doesn't give much context. If there is an open case, then your ex is entitled to find out your financial information. If your ex is requesting documents per an agreement (like a settlement or separation agreement that you signed) then s/he may also have a right to them. If there is no open case, perhaps your ex is trying to assess whether to take you to court. Call up and ask what information they are looking for and why. Maybe you can reach an agreement without going to court (saving you time and money). Talk to a lawyer near you for more information. Good luck?... Read More

No. However, you should move for a modification to custody because the child lives with you (unless he's already 18). You can also then move for child support (if he's under 21). Child support generally runs arrears to the date of filing, which means if you didn't file a request for it at the time, you lost it. Good luck.... Read More

You can get a paternity test to confirm your paternity. Once the baby is born, you can also see if she's willing to agree on an amount and avoid court. Perhaps it isn't what you wanted, but you are going to be a parent. How you approach that role will be up to you. It may be worth it to talk to a therapist or trusted friend/parent and deal with your own feelings about the situation. Sometimes life throws us a curve ball and we have to deal with it, but having a good relationship with your own child is a good thing. This new person is going to call you "Dad." Find a way to accept that role, even if you don't want to be with "Mom." Figure out a way not to take out Mom's unilateral decisions on the child - after all the child didn't have a choice in the matter either. Good luck.... Read More

You can file for child support now, and in most cases it was already done as part of your paternity petition.  However, the court is not authorized to issue any order of support, even a temporary order, until paternity is established and the court issues the order of filiation.  In other words, until you return to court on December 12, 2013 to hear the results of the DNA test, even if you file for child support you will not be entitled to receive any until after December 12, 2013.  ... Read More

If there is a temporary order of support, then that means that there is still a pending case in Family Court to determine child support.  Temporary orders are issued only while a case is pending so that you can receive support as the case proceeds, and the father will not owe as much in arrears once a final order is issued.   Child support for 3 children is 29% of the adjusted gross income of the father, meaning his gross income minus the mandatory deductions of FICA, City taxes, and Union Dues, divided by the frequency he is paid.  So, to answer your subject question about the expiration of a temporary order, it expires once the case is concluded and either a final order is issued or the case is dismissed.  As to whether the amount ordered is correct according to the statute, it would be best to speak over the phone or in person to discuss the details of your case.  ... Read More

Sounds like a horrible situation. Perhaps you and your ex can agree to go back to court and get a lower or new award and try to get the new award on the record properly with both agencies? Or to go back to court and ask that the support collection unit be taken out of the case (you want to pay her directly so you can make sure she gets the money) -- the court will have to order that you are doing direct payment and any case with support collections is closed by the parties agreement - this way you can tell them to butt out and pay her directly. Short of that, you are dealing with government agencies and there isn't a lot that can be done.... Read More

The court won't be sympathetic that you want to voluntarily reduce your income (by quitting your job) just to relocate to Florida. You are stuck with the New York judgment. Try to find a reasonable job in Florida now, while the case is going on, and get the award to be adjusted now. Why wait until the divorce is final? If you can't get a job, you probably shouldn't move. Regardless, you will be missing out on valuable time with your child if you move that far away. It sounds like you may have room to negotiate with your spouse in the divorce - try to get the child support award at an amount you can afford based on what your new job will allow. Talk to a lawyer in person to get a better assessment of your case. Good luck.... Read More

If your daughter is living with her father, then it might be that you owe him some basic child support. The cost could outweigh the amount he owes for the health insurance for the years she lived with you. Consider talking to a lawyer and providing the prior orders and any agreements you had for a better assessment of your case. Good luck.... Read More

Unfortunately, more information is needed before your case can be assessed.   A few things that may matter:   1)  Whether the first order of $200 was just a temporary order and the order increasing it was the final order.  2)  What your adjusted gross salary is and what the court determined your adjusted gross salary to base child support upon. 3)  Whether there has been any changes of circumstances, whether you owe any arrears, or whether the order also included child care and add-on expenses.  The above information is necessary before any attorney can advise you about what can be done in reference to your child support case.  ... Read More

Unless the order or agreement that obligated the father to pay child support says that he must do so, even if the daughter has a baby, is not living at home, or has a full time job, then the answer is no- the father is not obligated. However, the father cannot unilaterally cease paying support. he will have to petition in the Family Court to terminate the support, based upon the emancipation of the daughter. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More