New York Child Support Legal Questions

First you might try to get a copy of the birth certificate at city hall in the city in which the child was born. Hopefully, it would have your name down as dad. Another thing you could do is go to the family court in the county where the mother lived and ask them for information based on those facts or perhaps surrogate's court in the county in which the mother lived.  ... Read More

Ask your boss who is garnishing your wages. Alternatively, go to the county family court in the county in which the child lives and ask them for a copy of the child support order. If they have none, check your divorce file in the county clerk's office. There must be an order for someone to garnish your wages.  ... Read More

There's not much your son can do. If he is the father of the child, and the court orders him to pay child support, he must do so until the child is 21 years old. There is 1 narrow exception, if the mother was living with another man who held himself out to the child as being the child's father for 2 or more years, then it is possible to have the other man held responsible for child support. The fact that the child is 13 does not relieve a father of responsibility for payment of child support. If your son is supporting a child already, the judge can take that into consideration when setting the child support amount.  ... Read More

It sounds like you are asking if a person is on SSI and Social Security is sending the ex-wife money for the kids, does the person still need to pay child support beyond that amount.  If that is the question, the answer is "Yes, But..."  Yes there still is an obligation to pay child support. But, the court will credit the amount that is being given to the ex-wife.  Typically the SSI amount is beyond what the New York statute provides for child support.  If the SSI just started, your friend should move to modify any order of child support to credit him with the SSI amount that the ex-wife is receiving.  Note that SSI benefits only run until the child is 18 years old, whereas New York law provides children receive support until they are 21 years old. This means when the SSI stops, the ex-wife can get him to pay support again until the child is 21 years old or otherwise emancipated. Best Regards, Morghan Leia Richardson, Esq.Divorce Mediator and Attorney Richardson Legal PLLC31-08 Broadway, Suite 204Astoria, New York 11106www.RichardsonLegalPLLC.comTel: 212-537-6744Fax: 212-574-3337... Read More

Who is collecting the $37 per moth from social security?  If you are the custodial parent, you should be receiving it.  You need to contact Worker's Compensation to find out what the 1099 is all about.  If you are the custodial parent and if you received the 1099, you should be abe to obtain that information. To contact me to schedule a consultation: jmm@jeanmahserjian.com518-383-1182www.JeanMahserjian.com... Read More

If you received a 1099 from Social Security, your ex is receiving Social Security Disability and the children are also recieving checks.  The children's checks are supposed to be sent to the custodial parent and the checks do not reduce the amount of child support to be paid. You need to go to your local Social Security office with a copy of your custody order or agreement and ask them to reroute the checks to your home. Contact me for a consultation at: jmm@jeanmahserjian.com518-383-1182www.JeanMahserjian.com... Read More

Ms. Hayes: It is best if you immediately close your public assistance case. The longer it remains open the longer your son is obligated to reimburse the state.  Unfortunately, while you were collecting assistance the liability to pay back the state remains with your son. There is a possibility for your son to arrange with the state an arrangement to pay back the money.Your son should contact the state or city attorney who is handling his case.   Ava G. Gutfriend www.gutfriendfamilylaw.com 347-594-1262... Read More

Generally, to request a downward modification of child support you will need to show proof that you are not capable of working in any job (not just the type of job you once had).  If you are receiving Social Security Disability, the SS Administration should also be sending money to the custodial parent for your child(ren).  You should consult a lawyer in White Plains to determine how to proceed. Best Regards,   Morghan Leia Richardson, Esq.   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.RichardsonLegalPLLC.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read More

Generally speaking, basic child support does not cover college fees (unless it states so in the order you received either from Family Court or Supreme Court).  One element of determining whether you are responsible for college fees will be whether or not you have the income to help pay for such fees. You should consider speaking with a lawyer about your case. Best Regards,   Morghan Leia Richardson, Esq.   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.RichardsonLegalPLLC.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read More

Mr. Fernandez: The answer to your question is ..it depends. There are certain facts that will determine your liability to pay for your daughters college. Basic child support does not cover education. However, if in fact, you make an income that can afford to pay the tuition or a portion therein and /or  your child's needs require such payment, you may have some liability to pay for the tuition.     As you can see from my answer with out specific facts the question can not be simply answer yes or no.   Ava Gutfriend Law Office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read More

If you are looking for an attorney for no cost, you can find one through various organizations. However, you will not be appointed one by the court. Of course, you can retain a lawyer to represent you in this matter.   Ava G. Gutfriend Law Office of Ava Gutfriend www.gutfriendfamilylaw.com... Read More

Your question is not very clear, however it sounds like you signed and notarized an agreement for child support and you are concerned that the agreement might be used as evidence in court against you.  There are many ways that contracts can be used in court and it will really depend on the facts of your case. Best Regards,   Morghan Leia Richardson, Esq.   Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.RichardsonLegalPLLC.com Tel: 212-537-6744 Fax: 212-574-3337 ... Read More

If there is a child support order from the court, you can not just stop paying. You can file a modification petition for downward modification of the child support. If the mother is in agreement with you stopping the child support payments, I would still go to court and get it done legally, otherwise, the back payments would accrue and the court would issue a judgement against you. The answering of this question does not form an attorney-client relationship.  ... Read More

Not very likely. Family Court Act Section 413 states that parents are responsible to support children under the age of 21. Perhaps you can ask him to help out. Another option is to get health insurance. I believe NY has "Family Health Plus" which has a premium on a sliding scale basis. Contact your local State legislator for information.... Read More

One parent will be deemed to have primary physical custody of the children, and will be entitled to the payment of child support. Unless the court directs a 'deviation' from the 'presumptive' amount under the Child Support Standards Act, then the child support will be the full amount based upon the non-custodial parent's income, applying the statutory proportional calculations. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com... Read More

It sounds like you have been ordered to pay temporary child support. However, this is only ordered once paternity has been established. Perhaps you are depending on an appeal? Understand that the law in New York is that if you held yourself out as the father for 2 or more years when the child(ren) was/were young, you can still be ordered to pay child support as if you were the father. You might also be entitled to visitation.   ... Read More

Once you lost your job, you should have immediately filed for a downward modification of child support. If you haven't done so already, you should do so immediately. Unfortunately, this could have a negative impact on your living arrangements. You need to stop the child support from accumulating. If you were sent to jail, the court determined that you willfully failed to pay child support. A drivers license can be suspended for failure to pay child support. You should have been given notice. Perhaps the notice went to where you last resided in this state.... Read More

You can file a modification petition for downward modification of child support. However, you might be surprised at the testimony at the hearing. Is she really living with her boyfriend? The fact that she has a child with him does not matter, in fact, to some support magistrates, it shows her increased need for support. A "child" is emancipated when she is financially emancipated, for example, if she is living on her own, pays her own health insurance, drives her own car, and has a job.  ... Read More