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Posts tagged "child support"

If two women are filing for child support by same man in NY state, who is entitled to the first percentage ?

Q: I live in Bronx NY, filed for child support. My daughters dad purposely didn't show up to court, and then strategically came up with an idea to have his current girlfriend who lives in Mount Vernon, NY to file for support for their twins so she would be granted support first, in return since their dating give him back the money and lessen the amount i would receive. Since i live in the Bronx, court dates are NOT given soon. However, in westchester NY the courts are less busier and you can get a sooner date. So i filed first and got a further date, she filed second but got a closer date and received her support a day before my 2nd court date. After finding out all of this in court i was granted a deviation and will be returning to court. Am i obligated to have my order granted first? And are there any suggestions on proving my case in court?

Can the State of New York enforce a Maryland child support order Currently open For downward deviation in Maryland ?

Q: My son was born in the state of Maryland, child support and custody proceedings were in maryland. The child's mother relocated to New York and attempted to change venue twice, it was denied both times and maryland retained jurisdiction. I now live in Florida and recently filled for a downward deviation in my child support obligation in Maryland who retained jurisdiction., In the middle of Maryland proceedings, the mother is maliciously filing pleadings in NY to register the case there, and a petition for punishment for child support payments . It doesn't seem fair for New York to allow proceedings in the middle of an open Maryland case with a trial date set to modify the order . I've called over 100 attorneys in NY and no one has an idea of it New York can do this ..

New York State Law - A Custody and Support Order is in place, and all obligations have been met over the years.

Q: My daughter is 18 and a custody order is in place, joint custody with final decision making to the mother. Support order is in place, father pays $2,150 to mother, health insurance for 18 year old daughter and other expenses. 

Can a child support judgement through the Social Service of the NYS still be in effect?

Q: A friend of mine received a noticed back in 2005 he owed 32,000 in child support through Social Services. He looked up his legal records for liens and judgements and it states 16,600.00 with a "TRA " as a code. All NYS tax commission judgements have been vacated, but Social Services comes up as TRA. His kids are in their 30's and 40's now. The last filed lien was in 1994 but the most recent letter was in 2005. What does all this mean?
A: Child Support judgments are generally good for 20 years. That said, they can generally keep renewing them until the youngest child is 21 - in which case they can keep collecting until the youngest child is 41. Your friend is well advised to collect copies of all judgments & orders form the courthouse, then bring them to an attorney for a review. Schedule a consult with a Westchester Child Support attorney.

How can I get a cola on child support that was stipulated in the divorce 6 years ago? I get denied each time I try

Q: Child support amount was stipulated in divorce. He does not pay 17% as per NY law. I've tried having it modified but I get denied each time. There is a big difference between our salaries, his is much greater. I feel I get denied because he has a lawyer, that related with law jargon in the court. Although I can't afford a lawyer I research and prepare but I'm still denied. Desperately seeking help

How can I have child support arrears vacated or modified in New York, if I cannot locate the custodial parent?

Q: My daughter's father had asked the court for child support when he had custody of them in 2009. When I had received custody in 2010, I thought that the order was terminated but it was only suspended and then reactivated later that year without my knowledge. I just found out in December of last year, that due to a child support unit glitch the arrears had built up over the last 7 years without my knowledge and are totaling $50,000. My daughter's father has had the the girls since 2014 because I lost my home and had to move into a shelter with my son. I have gone to court to try to modify or vacate the arrears, but because I cannot locate him the court will not help me. I cannot pay that amount of arrears I seriously need help and I don't know how to find him. I don't have the funds to hire a detective or put out a publication in the newspaper. I have gone to his family to try to locate him they don't know where he lives he changed his phone number and has cut off all contact with anyone that might have known. At this point I don't know what to do and the magistrate will not vacate or modify the arrears unless he comes to court and states that he is in agreement.

Can I file for chilled support even if I work off the books and no proof of income?

Q: I'm currently filing for child support. My child is 7 years old and his father and I are going through a custody case. We were never married and the court is asking for pay stubs and taxes but I'm a student and haven't been legally working for the last 2 years.

What is the process to have NY child support arrears discharged when the statute of limitations to collect may have passed?

Q: Child support arrears owed to DSS for child born in 1986 (child is now deceased; he would have been 32 yrs old now); original support order payable to DSS issued around 1987; last payment made in approximately 1990; not sure of actual default date; NCP is & has been unable to work due to back, neck & shoulder injuries, is currently in receipt of Temporary Assistance (DSS) & is below the poverty & self support guidelines

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