CHILD SUPPORT

Oct 27, 2018

Question #43: I am a stay at home mother of one 3 year old and expecting my second child in August. My husband wants a divorce (which I agree is for the best). However, since I left my career for our fist child to become a stay at home mom, I do not have any income and can’t afford an attorney. I was just going to start back to work when my child started pre-school this fall, but my husband convinced me to have another.My husband has said he plans to sell the house (there is no equity) and I will have to live with my mother until I can get financially stable on my own. I am scared that he will get custody of our child and the unborn one since I cannot afford a home, etc.We reside on Florida. Will he have to pay alimony (he says he wont- we don’t have much money, only his income). Is there anything I can do to get custody of my children? If we get divorced before the birth of our next, what rights does he have to it?I cant afford to get legal advice and hope that you can help ease my mind and maybe direct me in the right way.I appreciate your help!

If your husband has been supporting you and the child during your marriage, the Court will make him continue to pay child support and spousal support, especially now that you are going to give birth. You will not lose custody simply because you cannot afford to pay for the child’s expenses. As the father of […]

Oct 27, 2018

Question #42: My husband has a child in Georgia. We currently live in NY. He has been paying child support for 4 yrs now. He has just lost his job and could no longer afford to pay his child support. Do I have to pay his child support? Can I be held responsible???

You have no legal obligation or duty to support his child. He, however, does and he cannot simply stop paying but must make a motion to the court to have his child support order reduced because of hardship. Until such order is changed, he will be in violation of the original order if he does […]

Oct 27, 2018

Question #41: We were married and divorced in New York. I am the mother of 2 children whom I agreed would be better off due to financial reasons to stay with their father. Their father and I agreed that child support did not need to be paid to him in exchange that I did not take 1/2 of his stock/pension/etc. that was given to me by the courts. Now, 10 years later, my youngest is 21 years old. What is the time frame that my ex could say he never received child support and then come after me for back support??

Usually the date of emancipation of the children is defined in the Separation Agreement or in the Judgment of Divorce. It is generally 21 years of age, unless the child is going to college full time or there are some other extenuating circumstances such as the child has a disability or sickness. This is one […]

Oct 27, 2018

Question #40: I have a question concerning child support. I am currently 19 years old and I have been reviewing child support from my father (non-custodial parent). I live in New York State and I attend college full time. I have recently moved out of my mother’s house and reside in an apartment. Because the child support is in my mothers name I have to drive over to her house in order to receive the check. I was wondering how I would go about, or if it was possible, to have the checks come to my home address and in my name. P.S. – if it helps, there is no dispute between my parents about the child support. Thank You!

Answer: If your mother is OK with the idea, she should prepare a letter to your father instructing him to send the child support payment directly to you.If both parties agree, the court will not get involved. Leonard M. Weiner, Esq./Divorce Solutions

Oct 26, 2018

Question #38: My husband has 2 children from a previous marriage who is now 18 and 20 years old (We live in NY). About 10 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 6 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 18 you are an adult and at 21 you are legal to drink…which I assume that 21 is not child support…it should be called “ADULT SUPPORT”. My question is what is the Legal Age? Is it true what the ex claims?

Answer: The question of how long one has to provide child support should be specifically addressed in the parties’ Separation Agreement.If it is not, see if the Judgment of Divorce discusses the matter. Usually, parties agree to support a child who is attending college full time up till the age of 22 or until graduation, […]

Oct 26, 2018

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 year period my daughter has had regular visitation with her mother (alternate 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 occassional clothing purchases, due largely 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 a 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 the 17%? Any assistance would be appreciated

Answer: The courts will generally appoint an advocate for your daughter, who along with the judge would hear testimony from your daughter regarding her interest in living with her mother. Based on their response to your daughter’s request, the judge would make a decision regarding custody. The courts will give much credence to the interests […]

Oct 26, 2018

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 on a regular basis 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 disagreeing with his choice to quit school. Any advice or help would be appreciated. We both live in NY. Thank You!

Answer: In order to properly answer your question, I would have to see the Judgment of Divorce, signed by the court. You say you do not have a “support agreement” but rather a “mutual agreement” between you and your ex. I would have to see that agreement to review, whether in fact, it discusses the […]

Oct 26, 2018

Question #34: Question: My Wife and I are in the process of working out a separation agreement. All seems to be going well except for the wording on higher education. Her lawyer put the wording for higher education as follows: Both parties agree to contribute reasonably toward the Child’s higher education based upon the respective financial circumstances of the parties at such time as she commences her higher education. The parties’ obligation hereunder shall cease at such time as the minor child, becomes emancipated as set forth at paragraph 14. I am concerned about who decided “reasonable”. My lawyer said a judge would decide. Does this language sound fair and is it normal in a separation agreement? I wanted it to be worded more specific as to how much each would have to contribute in order to better prepare and budget for when the time comes. Thank you.

Answer: Answer: You are absolutely correct. It is much more advisable to deal with the issue now while you are both in the talking and negotiation mood and determine exactly how much your obligations will be. Some people link the obligation to the cost of tuition at a local state run university ( such as […]

Oct 26, 2018

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, college freshman recently rented his own apartment. Is there a legal way to pay my child support payments directly to my son?

Answer: Generally, the terms of the noncustodial parent’s support obligations are spelled out in the Separation Agreement and the Judgment of Divorce. If the agreement and Judgment are silent regarding such issue, and there is a court order directing you to pay child support to your ex-spouse, in order to pay the funds directly to […]

Oct 26, 2018

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 hime 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.

Answer: You are required to make all child support payments until you receive an order from the court permitting you to terminate such payment. You may bring a preceding in court to challenge her right to serve as residential parent based on the fact that she is neglecting the child and failing to make sure […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #42: My husband has a child in Georgia. We currently live in NY. He has been paying child support for 4 yrs now. He has just lost his job and could no longer afford to pay his child support. Do I have to pay his child support? Can I be held responsible???

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, college freshman recently rented his own apartment. Is there a legal way to pay my child support payments directly to my son?