Divorce Solutions

Jun 24, 2020

Question #19

my wife moved to a new residence approximately 15 months ago. Although we are not legally separated, we are in the process of getting divorced. Child support has been the primary issue holding us back. Her lawyer claims I should pay 25% of my income for our two children. I wonder if this amount is correct.
Furthermore, I have the girls three days/nights a week, therefore, facing many of the costs associated with child-rearing. I currently make about 72,000 and my wife about 38,000. I want to do what is fair, but I do not want to be taken advantage of. They are currently asking for 1,500 a month, which is impossible for me—any advice.

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Jun 24, 2020

Question #22

1) How is child support allotted in NY? For two children, is the amount taken from the father’s weekly gross paycheck or the weekly net? 2) If we live in Mitchellama housing, would the parent who remains in the home with the children have to pay equity of some kind to the parent who leaves?

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Jun 24, 2020

Question #23

I am currently considering a separation from my husband. I earn substantially more than he does ($70M vs. $40M). If I retain custody of the children, am I still entitled to child support, and how is child support calculated?

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Jun 24, 2020

Question #24

My brother and his wife live in New York State on Long Island and have been married a little over a year. They are expecting their first child in several months. Unfortunately, things have not been working out. She says she wants a divorce. She has been abusive towards my brother physically by throwing stuff at him and hitting him, as well as threatening to call the police if he does not leave their home. Reconciling does not seem possible. My brother has financially invested a lot into this marriage, i.e., their home, furnishings, etc. If they get divorced, will my brother be likely to pay alimony and child support in this situation? Also, she has threatened to move out of state so he cannot see the child, what if anything can he do to prevent this?

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Jun 24, 2020

Question #25

My son stays with me for six months a year, and he spends the other six months with his mother. Am I required to make child support payments to the mother during the months that my son lives with me?

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Jun 24, 2020

Question #29

hello, my son lives in New York. I was told he has not been going to school he is 15yrs old, he’ll be 16yrs old in Dec. If the mother does not make him go to school, will I have to pay support to her for him. Will this come under without cause, he/she withdraws parental control and supervision. per New York law.

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Jun 24, 2020

Question #30

I am a female, non-custodial parent. My ex has been out of work for 1 1/2 years & recently moved home with his parents. Our son, a college freshman, recently rented his own apartment. Is there a legal way to pay my child support payments directly to my son?

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Jun 24, 2020

Question #36

My son, who is 18, quit school in January against the wishes of his mother and I. He has since gotten a full-time job but continues to live with his mother. He will be 19 in August, I have continued to pay child support, but feel that he is old enough now to be responsible for himself. Our support agreement was never done through the courts; it was just a mutual agreement between my ex and me. I plan to stop the support when my son turns 19 next month but wonder about my legal rights to do so. I have not had any contact with my son for almost a year, which is by his choosing. I have called regularly but my calls are never returned. On the occasions when I have reached his mother, her only response is that she cannot make him call me. I believe this all stemmed from my disagreement with his choice to quit school. Any advice or help would be appreciated. We both live in NY.

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Jun 24, 2020

Question #37

I have a 15-year old daughter with a woman to whom I wasn’t married. My daughter spent the first nine years of her life living with her mother, during which time I paid full New York state child support (17%). Six years ago, she came to live with me, my wife, and two other children, based on the mutual consent of her mother and us. During the six years, my daughter has had regular visitation with her mother (other reasons weekends, school holidays, etc.). Her mother has paid no child support other than the costs she incurs when my daughter is with her, and for incidentals like occasional clothing purchases, primarily due to a lack of funds. She has not held a full-time job at any time during the six years for health. Her mother and I have never had a formal custody agreement filed in New York (where we both live), working out our arrangements via mutual consent the best we could. My daughter is now interested in moving back with her mother for a variety of personalreasons, and I have two questions: 1. At 15, what rights does she have in determining who her custodial parent will be? Could I be compelled to let her go back to her mother? 2. If she were to return to her mother, would I be required to resume 17% child support payments, or could I work with her mother on a mutually acceptable support amount that is less than the 17%? Could such an agreement be made binding in court even if it were below 17%? Any assistance would be appreciated.

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Jun 24, 2020

Question #38

My husband has two children from a previous marriage who is now 18 and 20 years old (We live in NY). About ten years ago, they went to child support, and he was ordered to pay 25% of his gross amount of earnings. Since then, he has been paying faithfully to his ex-wife and has never missed a payment (he pays directly to her-not through the court). Since then, they never went back to court. We now have a young son, age 6 yrs old, and I attend school full time and do not work. My husband and I are having a hard time with bills, etc. He barely can take care of our six-year-old, because a big chunk goes to his ex-wife. He wants me to complete my degree and, at the same time, support his kids from his ex-wife and us. My question is: How long does he have to pay child support in New York. His ex-wife claims that she spoke to a lawyer, and he said as long as her kids are still in college, he has to pay, meaning that if his kids are 25…so on…he still has a responsibility. I don’t think this is fair. New York State Law claims that at the age of 18 you are an adult, and at 21, you are legally allowed to drink. I assume that at age 21,there is no longer a requirement to pay child support…it should be called “ADULT SUPPORT.” My question is, what is the Legal Age? Is it true what my ex claims?

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