QUESTION
Does a temporary oder of support expire?
Asked on Oct 14th, 2013 on Child Support - New York
More details to this question:
Ex fiancée who is currently NYPD (graduated academy 12/20/2008) is giving me 419.00 bi-monthly for 3 children. Ages are 4,7 & 9. A friend of mine has one child w her NYPD ex and is receiving 1200/month! How can the courts do this? I am the custodial parent and Dad gets visitation weekly. Outside of the 419.00 he does not give me a single penny for anything. I had asked for help with my daughter's gymnastics classes and his response was take it from the child support. His support is barely enough to feed his 3 children monthly. There is more to the story as to why his support is so low but would rather discuss that over the phone or in person. Thank you for your time and have a good day. Regards, Lisa
1 ANSWER
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.
Answered on Oct 14th, 2013 at 3:14 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com