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Westchester Child Support Attorney Archives

?what does it mean when the attorney says they accept the decision with prejudice

Q: Family court threw out my exs request to lower support - and reinstated full support which he had stopped- his attorney sent me a letter saying they accept the decision with prejudice as no hearing was held- I am confused as to what this means

Is there case law for a divorced parent who can't escape the college obligation due to estrangement resulting from abuse?

Q: Our 18 year old daughter is about to go to college, and my ex doesn't want to split the college expense. In our divorce agreement it states that child support should not represent a credit toward the college obligation. (My spouse had custody then but not now.) The complicating factor is that our daughter has been abused by my ex -- involving police called by neighbors, supporting orders of protection -- both temporary and full, witnesses to older sister being physically abused, etc. In the OTSC my ex just submitted pro se, many 'reasons' are included: inability to afford it, prior lawyer gave bad advice, etc. But the only one I'm concerned about is estrangement. There must be some sort of precedent where estrangement is attempted but denied due to abuse.

Child support recalculation - How to calculate FICA deductions on an income cap?

Q: I am recalculating child support (done every 3 years averaging income.) My agreement reads that "recalculation shall be based upon Husband's income only, up to $200K." In 2 of the past 3 years his income exceeded $200K ($253K and $203K respectively.) FICA deductions need to be considered in calculating his AGI. Am I correct in determining the rate at which FICA was calculated on his total gross income ($253K and $203K) and proportionally deduct the same percentage from $200K? This seems like the logical way to calculate. He lives in Florida, we were divorced and I reside in NY with our 2 children. Thank you for your assistance.

Can I challenge a questionable asset transfer in a child support matter?

Q: I am the father of a toddler. The mother and I are unmarried. She has temporary custody and the custody matter is in Westchester Family Court. We are also in Support Court. I have been pro se until learning facts below and seek counsel with relevant experience for the support matter.
She has/had a stock portfolio on which she made six-figure income that would have given her materially more income than I have (twice as much). She claims to have transferred the stock portfolio and cash to an irrevocable trust of which our baby is the beneficiary and of which she is a trustee. She provided no documentation. The transfer was effected 3 weeks before the first support hearing. I have reason to suspect she is being untruthful.
1. Can the trust documents be obtained?
2. She has a 7-figure deferred income account. Is there a way to have the income from that plan imputed for child support calculations?
3. She inflated her expenses materially for child support calculations and lied about certain items for which I have documentation.
I seek counsel with experience in hidden assets, fraudulent transfers in child support matters. A: David's Answer: The answers to your questions are: (1) Yes, you'd need to make a demand fir discovery & inspection, (2) Any income she's deferred within the last year will count on that year's income. (3) Your demand for discovery can also demand corroboration of those expenses. Call a White Plains Child Support attorney to schedule a consult for a full assessment.

My ex wife is sending my daughter in day care with very high cost. Does child support include day care cost?

Q: Hi, I am paying through my nose for the child support and day care costs of my daughter. My ex is sending my daughter to day care which costs about $ 1800 per month. I am supposed to pay 60% of this cost on top of the child support that is directly deducted from my salary. To sum this up this takes about 50% of my current salary.
When I am paying $ 1300 for child support, is it mandatory to pay for day care costs on top of this high amount for supporting just one child?
The total becomes about $ 2200 per month for one child.

Can child support money be used for property taxes?

Q: My ex told our daughter that child support money was being used for property taxes, which is why there was very little money to buy her anything, such as nice clothes. Is that acceptable, with a salary of about $150,000 on top of child support?

If child is 21 and drops out of college but cannot support himself, is he automatically emancipated?

Q: My son turned 21 and does not want to continue college but cannot support himself. He was supposed to graduate when he turned 22 after which child support would end. My ex declared my son emancipated and immediately ceased child support a year early without any discussion with my son or myself. It came as a surprise.

Child Support Violation filed by Ex for daycare receipts?

Q: My ex filed a child support violation on me for day care receipts of my child. According to court orders she was to give me child support day care receipts every month, but she delayed and gave me three months receipts together. I do not have that much savings and I could not pay. Now she has filed for a violation of What should I do? 

What can I do not to let my xwife get any of my retirement ?

Q: I was married to my wife for 5/6 years over 20 years ago. In our divorce decree since she was the custodial parent they gave her a portion on my pension. 6 months after the divorce I became the custodial parent and my kids have been living with me for approx 20 years. The judge ordered her to pay me child support in which she is in arrears. She owes me a substantial amount of money. She just won't pay it. She now lives out of state. Is there a way I can go to court to not have her collect a portion of my retirement due to she owes me so much money. I just want this done. I don't care if I have to drop the child support and call it a wash I just want her to not be able to get any of my pension. Thank you

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