New York Child Support Legal Questions

Child support is based upon specific calculations that essentially work out to 17% of your boyfriend's adjusted gross income.  So the fact that she will have free rent does not mean he can ask for lower child support, since the calculations will still remain the same.  However, if he's paying child care expenses, that may decrease depending on her job situation.   In terms of travel, your boyfriend and his ex-wife will have to come to some formalized agreement about what the new visitation schedule will be.  Specifically, how often he will see the children, and whether he will always be required to travel to the children to have visitation.  But they should at least write out some formal agreement so that if the circumstances are such that the burden will be placed soley on your boyfriend for all travel and expenses, then he will have proof of their agreement in any motion for downard modification of child support.  ... Read More

If you have a child support order in place, and she has violated the order by not paying the amount for several years, then you can ask for assistance from the federal government in enforcing the order.     You should go to the Office of Child Support Enforcement website located at : http://www.acf.hhs.gov/programs/css  Hopefully this can provide some assistance in enforcing and collecting the child support order.  ... Read More

New York Domestic Relations Law 240 1-b (c)(7) states:  "(7) Where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider." While college expenses are over and above basic child support, the courts have held that when a non custodial parent is paying for room and board when the child is away at school, they should receive a reduction from child support. Justino v. Justino, 238 A.D.2d 549 (2nd Dept. 1997), Reinisch v. Reinisch, 226 A.D.2d 615 (2nd Dept. 1996) Imhof v. Imhof, 259 A.D.2d 666 (2nd Dept. 1999), Vainchenker v. Vainchenker, 242 A.D. 2d 620 (2d Dept., 1997). This credit may also apply if the child is living away from home and attending college, and not just living on campus. College expenses will generally not be awarded before it is determined that the child is actually going to college.... Read More

The question is, what does "losing the case" mean to you?  In New York State, the law is very clear about what the obligation is to pay child support.  So your question should not be about how to win or lose a child support case, but what to do to ensure that the court orders what is fair and reasonable according to the statute.   Ultimately, you should plan on bringing tax returns and W2's for 2010, 2011 and 2012; your last three pay stubs from employment; proof of any other child support or alimony order; proof of any payments you made to the other parent for the child if you are not the custodial parent.   If there are specific issues relevant to your case in particular that you believe should be brought up in court, you should speak to an attorney to discuss your rights. ... Read More

I am making the assumption that you had a verbal agreement with your ex husband regarding custody and support.  You can file for custody in New York,  if the children have lived here for over 6 months.  There are a number of other legal arguments to make, if it is under six months. Best to consult some one versed  in the area of family law.... Read More

If your original court order was brought by the other parent, and they are not on public assistance, then any increase in your child support is retroactive only to the date that they file for upward modification, if they decide to do so.  The custodial parent for a child support order can file for upward modification only if your income goes up by 15% or if three years has passed since the date of the original order.  Then, you will only owe retroactive support back to the date that they file for that upward modification.  ... Read More

Since the other parent has filed joint income tax returns, then you should look at his W2 for 2012 in addition to his pay stubs to calculate what his current adjusted gross income is, and do the same for yourself.   Once you recalculate both parents' adjusted gross incomes, then all child care and related expenses should be divided proportionally by each parents' income of the total combined income, in the same way you did so back when the first order was issued.  ... Read More

As I tell all my child support clients, whether they are the custodial parent or the parent paying child support, except for the fee of having to pay for a lawyer, it can never hurt to have a lawyer present for your case.   Given the facts you provided, and the high burden needed for a downward modificaiton of child support, it sounds very doubtful that the father will be able to succeed in his petition.  In most cases, if a person wants a downward modification of child support based a change of circumstances such as becoming unemployed, they will need to show they did not become unemployed due to their own actions, such as quitting or being fired for cause, and that they are unable to obtain any equivalent employment.  Most support magistrates will also ask that the parent who claims unemployment provide a "job search diary" that shows they are making a due diligent effort to obtain employment.  ... Read More

If you already stipulated in writing with your ex-wife that the house will not be sold until the children are 21, then you cannot force her to sell it now.   Child support is also supposed to be paid in regular intervals and not as a lump sum.  Children have continuous expenses throughout the year, and child support is supposed to partially alleviate that burden. ... Read More

In New York State, you may seek an upward modification of child support if the non-custodial parent's income goes up by at least 15% from his income used to determine child support for the last order, or, if 3 years have passed since the issuance of the order, regardless of whether his income has gone up by 15%.   If you satisfy either of these, then it is likely that you will be able to petition for an upward modification of child support.  ... Read More

It depends on the extent of the misrepresentation.  If it involved what is considered "legal malpractice" then you could potentially file a civil suit against the attorney for damages you suffered through the malpractice.   If you believe that the attorney broke any ethical obligation, you can also contact the Attorney Greivance Committee.  You can locate the applicable office here:  http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml... Read More

It seems like you should consult with an attorney to sit down and examine what factors the court did in fact examine when determining child support.  Keep in mind that child support is based upon the "adjusted gross income" of the non-custodial parent, which allows the court to make deductions from the father's gross income to account for city taxes, FICA, union dues, and any other child support orders already being paid for other children.   An attorney would help examine the financial documents submitted by the father and advise you whether you have a case to increase the child support order. ... Read More

You can request an upward modification to pay for child care while you are working. It is up to you as the custodial parent to determine what type of child care is appropriate for your child.  The amount each party must pay  is based upon the wages of each parent.  The party who earns more will pay a higher percentage of the child care.    As for the information he is requesting, I do not know what your order of custody says. But, if it directs you to provide this information, I suggest you do.  In order for me to answer more fully,  I would need much more information... Read More

It is important to note that a modification of the support payments require both a substantial and unanticipated change in circumstance.  It is assumed that when you enter into the stipulation you were fully aware of the costs associated with the amount of support you agreed upon. Moreover, even  the costs you were to bear with shared physical custody. You might look to file a downward modification but this depends are various factors. One would have to look at your stipulation and your current state of affairs to contemplate  your chances of prevailing in a downward modification. ... Read More

If the child is self-supporting, then, no, he should not be paying child support any longer although it is unlikely if not impossible for him to recoup what he has paid.   Typically, as a "21" state, his obligations would continue to 21 years of age under statute but if the child is emancipated, then the obligation ends. He needs to go to Family Court and seek a termination of his support obligations immediately. I hope this helps.    ... Read More

If your child needs to be in therapy and the father did nothing to stop her from attending, then yes, therapy is a medical expense.  Most insurance covers some part of the insurance.  He is required to contribute pro rata to the unreimbursed portion of the expense.  If he won't pay, ask the court to enforce the support order.... Read More

Unfortunately, your child support is not based on your net income.   The only deductions from your gross income that are permitted are FICA, Medicare and NYC or Yonkers taxes.   If you have arrears and are paying a pro rata portion of unreimbursed medical bills, then you are paying the correct amount although i cannot make a proper calculation without knowing Mom's pro rata share and the total amounts billed.   Also, child care is a statutory add-on.  In other words, you are required to pay your pro rata share of child care in order to allow the child's mother to work.  That is in addition to paying direct child support.     I hope this helps.   Ilysa Magnus... Read More

A parent is obligated to pay support in New York till a child is 21 unless there is a stipulation that renders the support to continue past 21. The question is not where the child nor the parent is, the question is what is ordered or stipulated. Orders and stipulations can be enforced even if one is not in this state and or country.... Read More

The court actually requires to see your annual income and your last three paycheck stubs (or unemployment).  You will have the opportunity to explain to the support magistrate that your income last year is drastically different because of the union shut down on overtime. If you have any proof about the overtime policy that might also help. You should consider talking to a local attorney about handling your case.... Read More

Yes, he can request a downward modification. But more likely he could request to suspend support until you start allowing access.  Also - I hope that you are also getting an amount from SSI because that should come directly to you for the kids. You should consider moving to change visitation or he may move to enforce it.  You say you have good reasons but if there is a court order giving him access then you need to get that changed with the court before you just stop access.... Read More