QUESTION

my childs father is making deductions from payments without my consent- i told him that a court order sets the amount and it is not permissable for

Asked on Nov 09th, 2015 on Child Support - New York
More details to this question:
him to deduct- he buys her a new phone and then tells me i owe him half- and he will deduct it from support- the phone was his gift and he never asked prior to buying it how do i enforce that he pay the FULL amount
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1 ANSWER

Divorce Attorney serving Garden City, NY
1 Award
Hi The deductions your child's father is making are improper.   There is a difference between direct support -- which you use for your child's overhead -- and voluntary payments, like a telephone or clothing.   He cannot deduct any sums from direct child support.  That is impermissible. You need to go to Family Court in your county and file a violation petition.  You will seek arrears for everything that he has deducted from your direct support.   In fact, i think at this point that it is best that you have Support Collection Unit collect the child support from him since he appears to think that he can deduct anything he wants. I wish you luck.   Do this quickly! Ilysa Magnus    
Answered on Nov 09th, 2015 at 12:13 PM

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