New York Child Support Legal Questions

It seems likely that to change the dynamics of this joint custodial arrangement, your husband will have to go back into court. A question that stands out is were there provisions in the existing order of custody or divorce judgement as to change of residence? Did the ex-wife comply with these requirements? I suggest you consult with qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Family/Divorce Lawyer www.upperwestsidelawyer.com... Read More

Do you live with your mom? She would need to move the court for child support. In New York, support runs until the age of 21. Arrears do not accrue until the date the petition is filed. Talk to your mom and see about meeting some lawyers near you to get more details. She has already lost out on most of the support, don't delay. Good luck.... Read More

In New York, child support will run until the child is 21, or an emancipation event occurs. If the child moves out of mom's house, that could mean that she is emancipated. Move to have the support terminated based on an emancipation event - you have to continue paying until you have a court order saying otherwise. Talk to some lawyers near you for a more detailed response. Good luck.... Read More

Generally, the answer is no. You may be able to get child support until the child turns 22, if enrolled in a full-time college program. Also, if the other parent agrees to extend the support, you could always agree to that - but it seems unlikely. Talk to some attorneys near you to get a more detailed answer. Good luck!... Read More

Your brother is only required to pay child support for his children. Unless he adopted the stepdaughter (or signed up as the legal father), she presumably has her own father that should be supporting her. If he wants a more detailed answer, he should see a lawyer (particularly if he is going through a contested divorce!)  Good luck.... Read More

You should consider that you have the right to file for child support. He may file for visitation. These are rights that are not related (meaning he has a right to visitation whether you seek support or not). The arrears for child support only run to the date you file a petition. That means you won't get "back support" for any time that you wait to file your petition. You should talk to a lawyer near you to get a full assessment of your case. Good luck!... Read More

You didn't really provide enough information about the custody situation but there is no reason you can't have shared legal custody (from your facts anyway). Moving closer could allow you more time. As far as child support, a court would consider the distance and expense of your travel and might deviate from the CSSA because of that extra expense. For one child, the statute is 17% of the COMBINED PARENTal income, the split that 17% on a pro rata basis. Make sure you deduct FICA (social security and medicare) and NYC or Yonkers tax from your and her income before you do the calculation. For a more detailed answer, you should consult with some attorneys in person. Good luck!... Read More

I'm sorry that your parents are divorcing. They obviously care about you so much to ask your opinion about the living situation. I hope they will talk to you about not worrying about finances -- this is definitely something that your parents are going to work out among themselves and something you should not be worried about. However, the law does ask that the non-custodial parent pays child support until you turn 21 years old. I would encourage you to talk to your parents about your worries so that they can help you feel better about the situation. Good luck.... Read More

You should ask the court to find that he voluntarily decreased his income by quitting. The court, in some cases, can impute income to a person who intentionally stops working. The reasoning might be that if he earned that money before, he can earn it again. If he isn't having visits, that puts more of a burden on you. Consider talking to some lawyers near you to find out their approach to such cases. Good luck.... Read More

If you have a court order of support you are obligated to pay in accordance with the order ( unless you have modified the order or it has been vacated).  If you have a private child support  arrangement with your ex wife,   then your obligation is based upon that  agreement.  A parent is obligated to pay child support until that child turns 21.  Your romantic involvement with your ex wife has no bearing on your obligation to support your children.... Read More

If there is only one child support order regarding your son, then you should contact the child support enforcement unit by phone to see where the issue is.  You may need to fax over to them copies of the child support order and copies of the pay stubs showing that the money is being taken out already from his paycheck.  ... Read More

In fact, because neither party modified the order, the support order still exists as drafted. Now that one child lives with you and the other with him support amounts  would change if modified by the court going forward. I suggest you consult an attorney  to determine the amount you are owed and the amount you will receive.  Moreover, also the amount you may be liable for.  ... Read More

Yes. Just because a child does not go to school,does not mean his custodial parent does not get child support. You must pay child support until the "child" is 21, unless the child is emancipated. The test for emancipation is a financial test. The question is whether the child is financially independent, for example, if he lives on his own, pays his own insurance and has a job.   ... Read More

She can seek child support, but based on the level of support that you are currently providing, it is doubtful that she would be awarded anything. Rather, the court will likely see her application as a waste of the court's time. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com... Read More

It would be helpful to look at the terms of the original divorce judgment, as it would depend on whether Family Court was given "concurrent" jurisdiction to hear matters of child support.   You should also keep in mind that the sole fact that your ex husband made more money during the past several years does not mean you are entitled to what he should have paid based on his increased income.  In New York State, it is up to you, as the custodial parent and recipient of child support payments, to file a Petition for Upward Modification of Child Support.  Under the law, you can seek upward modification based on a change of circumstances, or if three years have gone by since the entry of the order.   However, your ability to receive the retroactive child support based on your ex husband's increased income is limited only to the date that you file for upward modification.  Therefore, you would not be allowed to seek the child support over the last couple of years based on your ex husband's increased income.  ... Read More

The inheritance by itself will not necessarily trigger any court case in regards to child support.  However, you should keep in mind that the mother has the statutory right to seek modification of a child support order if:  1) Either parties' adjusted gross income changes by at least 15% since the last order; or, 2) Three years have passed since the date of the last order.   The Courts and the Child Support Enforcement Unit do not keep track of an individuals income or inheritance.  So it will be up to the mother to file, and if it has been three years or more, she will not even need to have knowledge about the inheritance to ask for an increase in support.   The inheritance is called a "discretionary income" to be added to his adjusted gross income.  Therefore, the Court can, but is not mandated, to include the inheritance when determining a child support order.  Given that inheritance income is usually a one time payment, and not paid on a consistent basis, he has a strong argument to make why it should not be included in his adjusted gross income for any modification of a child support order... Read More