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New York Child Support Questions & Answers
2 Answers
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Adoption, Child Support, Estate Planning, Probate, Public Benefits and Family Law
for
New York
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Q: Legal concerns about identity and receiving inheritance in New York
I was born in Bronx, NYC, in 1988 and adopted in 1994. My current birth certificate has my first name in all caps, and my last name has three asterisks after it. My social security number seems to be from South Carolina. I’m concerned about whether this is legal and if I might have two... View More 
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Stephen Bilkis
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answered on Jun 26, 2025
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answered on Jun 26, 2025
I'm so sorry you're dealing with this confusing and stressful situation. Questions about identity, adoption, and inheritance can be deeply personal and legally complex, especially when records appear inconsistent.
In New York, once an adoption is finalized, the adopted individual... View More
Q: How can I obtain a child support modification in NY given overpayments and healthcare contributions?
I need guidance on obtaining a child support modification in New York. I am current with my payments, paying arrears, and I cover medical insurance for my child. A support representative informed me that I've been overpaying since 2023, and my healthcare contributions should not incur an extra... View More
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Stephen Bilkis
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answered on Jun 26, 2025
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answered on Jun 26, 2025
It sounds like you are doing your best to meet your child support obligations while also trying to manage your own financial stability. Situations involving overpayments and miscalculations in the child support system can be frustrating and difficult to resolve without clear legal guidance.... View More
Q: Would child support end if my 18-year-old son is working full-time?
My son has recently turned 18 and is working full-time, but he is not contributing to household expenses. We are in New York State. Since there are no existing agreements about his child support ending at 18, would he be considered self-supporting, and would child support obligations end under... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to want clarity about your financial responsibilities, especially when a child reaches adulthood and begins working. In New York State, child support generally continues until the child turns 21, unless a court determines the child is legally emancipated before that age.... View More
Q: Can I seek back child support in NY after joint custody is granted?
I am a grandparent who has had full custody of my grandchild for the last 14 years. Recently, as of June 2025, the court granted joint custody to the child's father. During the time I had full custody, there was no formal or informal financial support from the father, and no previous child... View More
Peter Christopher Lomtevas
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answered on Jun 14, 2025
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answered on Jun 14, 2025
The asker cannot recover past child support without a properly entered order of support prepared by a support magistrate. The only way to get child support payments is to file a petition for support now. This is when the order starts to accumulate arrearages if the non-custodial parent fails to pay... View More
Q: Non-custodial parent's responsibility for college expenses after emancipation in NY with a defined agreement. Can child support be modified?
Is the non-custodial parent in New York responsible for college expenses after the child's emancipation if the agreement specifies that post-secondary expenses are limited to the cost of attending State University of New York for four years, and the non-custodial parent can petition for a... View More
Peter Christopher Lomtevas
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answered on May 30, 2025
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answered on May 30, 2025
This is a difficult question to answer without a review of the orders involved. Ordinarily, emancipation wipes out the order of support. A well written stipulation will list exhaustively what constitutes emancipation: the child's marriage, reaching eighteen years of age, entering the U.S.... View More
Q: Seeking advice on obtaining full custody due to father's non-involvement and financial neglect.
Both my baby and I live separately from her father, who resides at his mother's house. Our verbal agreement was that he would pay the bills while I take care of our child full-time. However, he has been late on all bill payments for the past nine months, causing my credit score to drop from... View More
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Stephen Bilkis
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answered on May 18, 2025
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answered on May 18, 2025
I understand your concerns about your child's well-being and your frustration with the lack of support and involvement from her father. In New York, if you are seeking full custody of your child, you can take several steps to protect your rights and ensure that your child is cared for in a... View More
Q: How can I locate my daughter after her mother moved her to Puerto Rico without custody agreements?
I have been trying to locate the mother of our daughter for five months. She took our daughter out of school and reportedly moved to Puerto Rico. I've been sending weekly documented payments, facing financial hardship earlier this year which affected the payments. I'm not on child... View More
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Stephen Bilkis
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answered on May 18, 2025
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answered on May 18, 2025
I understand how distressing it must be to lose contact with your daughter, especially when you have been making consistent efforts to support her. In New York, even if there are no existing custody agreements, parents generally have equal rights to their child unless a court has ruled otherwise.... View More
Q: Is a father legally responsible for a disabled child if he is unwilling to take responsibility and the mother is deceased?
I have a disabled child who requires 24/7 care. The child's mother is deceased, and the father is legally recognized but has been unwilling to take on any responsibility for the child, who he has not been involved with. There is no custody agreement or court order, and the child's... View More
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Stephen Bilkis
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answered on May 19, 2025
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answered on May 19, 2025
I understand how difficult it can be to manage the care of a disabled child, especially when one parent is unwilling to take responsibility. In New York, a legally recognized father has a legal obligation to support his child, regardless of whether he has been actively involved in the child’s... View More
Q: How can I transfer a family case from Brooklyn to Westchester, NY, where my child and I reside?
I am currently involved in a family matter case that I initially filed while temporarily living in Brooklyn, New York. Both my child and I now reside in Westchester. I would like to move the case to Westchester as it would be more convenient for us. There are no existing custody or support... View More
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Stephen Bilkis
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answered on May 19, 2025
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answered on May 19, 2025
If you and your child have relocated to Westchester County, New York, and your family matter case is still pending in Brooklyn, you may be able to transfer the case to Westchester for convenience. This process is known as a change of venue. Since you and your child now live in Westchester, the... View More
Q: Do parental rights termination affect child support obligations?
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
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Howard E. Knispel
answered on Apr 3, 2025
answered on Apr 3, 2025
You can not voluntarily terminate your parental rights. Your obligation for child support continues regardless of your relationship with the child, unless you can show parental alienation or emancipation. Termination of parental rights only exists by court order either in an adoption or neglect... View More
Q: Do parental rights termination affect child support obligations?
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
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Stephen Bilkis
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answered on Apr 3, 2025
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answered on Apr 3, 2025
I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very... View More
3 Answers
| Asked
in
Child Support, Appeals / Appellate Law, Civil Rights and Family Law
for
New York
on
Q: Seeking representation for child support arrears and court judgment issues in NY.
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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Charles Holster
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answered on Mar 25, 2025
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
3 Answers
| Asked
in
Child Custody, Child Support, Criminal Law and Civil Litigation
for
New York
on
Q: Can criminal charges arise from receiving child support after losing custody in NY?
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More
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Howard E. Knispel
answered on Mar 16, 2025
answered on Mar 16, 2025
A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?
The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More
Michael J Stachowski
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answered on Feb 13, 2025
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answered on Feb 13, 2025
The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More
Q: I’m being garnished for child support, leaving me with $150/week (40 hours/wk). I’ve been overcharged & manipulated
I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More
Marco Caviglia
answered on Feb 7, 2025
answered on Feb 7, 2025
To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More
Q: Can a 25-year-old child take her father to child support for arrears?
Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More
Marco Caviglia
answered on Feb 7, 2025
answered on Feb 7, 2025
I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More
Q: I have a court appearance, as a petitioner, to terminate child support. As per divorce agreement child support shall
end when my son turns 22 yrs old. Can my ex wife bring up any issues she might have, other than child support, during this appearance? And if she does, am I obligated to or will the judge force me to address the issue without counsel?
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Stephen Bilkis
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answered on Jan 20, 2025
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answered on Jan 20, 2025
I'm sorry to hear about the uncertainty surrounding your upcoming court appearance. It’s important to understand the scope of the proceedings and your obligations during the hearing to ensure you are prepared.
In New York, when a petitioner files a motion to terminate child support,... View More
Q: My ex partner is blocking me from my son’s phone. She is threatening me.
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Stephen Bilkis
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answered on Jan 20, 2025
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answered on Jan 20, 2025
I'm sorry to hear about the difficulties you are experiencing with your ex-partner regarding communication with your son. Situations like this can be distressing, and it's important to address them both legally and constructively to ensure your parental rights are protected and your... View More
Q: My husband and I have been separated over 5 yrs our son is 19 and goes to college he only would give 100 a week in
Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support
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Howard E. Knispel
answered on Dec 27, 2024
answered on Dec 27, 2024
Support, both child and spousal, is dependent on your respective incomes. New York requires a non-custodian parent to pay child support until the child is 21 unless a child is independent. You need to speak to an attorney to determine your specific issues.
Q: I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.
I make $130,000 and he $30,000 on books. What are my options?
Peter Christopher Lomtevas
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answered on Dec 5, 2024
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answered on Dec 5, 2024
One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's... View More
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