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Westchester Child Support Attorney Archives

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

Can my ex-husband request changes to the child support and visitation rights if we separate again (he recently moved back in)?

Q: My ex-husband moved back in 1 year after the final divorce decree was signed. We reconciled and moved in and I am trying to understand if his rights to the children and child support change if he lives with us for 3 months, 6 months, 2 years or more. I don't plan to remarry, so would like to understand his his rights as well as mine if we just live as partners without legally being married. Can he request changes to his visitation rights, if God forbid we separate again based on being in the kids life on a daily basis? Or does the original agreement still stand?

If my ex refuses to split college expenses in spite of the divorce agreement, would I go to family court or support court?

Q: My ex is currently paying child support, but he insisted during the divorce that child support should not represent a credit toward college expenses. Now that our daughter has come back to me after neighbors called the police, he no longer likes the clause that he himself insisted on. College is just a couple of months away so should I request assistance from support court or family court?

Child support Jurisdiction

Q: Thank you all for your advice in advance.
I petitioned for a downward modification in family court due to bad injuries i got on the job. I have been out since Feb. The company, after seeing the extent of my injuries chose to challenge the comp claim.
I had a court date yesterday for the child support and my ex wife's lawyer said Family court did not have the jurisdiction over the child support, Supreme court did and got it dismissed.
What do i do now?
I have no income to get a lawyer and no idea how to deal with this in Supreme court. She is also telling me she wants sole custody and is keeping the kids from me . I have joint custody according to the custody stipulation . Again i am temporarily disabled and have no income. What do i do?

Can a Child Support Order be Modified so that the Unreimbursed can be paid directly from his paycheck?

Q: My Ex Husband hasn't paid me any money for our Court Ordered 37% unreimbursed Medical expenses in 4 years, I've mailed him several receipts asking for payment and he ignores it. Can I move forward with requesting the unreimbursed medical to be taken from his paycheck the same way as his child support payment?
A: David's Answer:
Unless you incur a consistent, set-amount of medical bills each & every month, they can't enter the garnishment like that. You can, however, file an enforcement case, and then garnish his wages for the arrears (once established). Schedule a consult with a White Plains Child Support attorney for a full assessment

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