Child support cases can be tricky and complicated. They often require extensive legal research and extensive pretrial discovery. In high income cases, parties may even have to be deposed.
When a lawyer picks up a new case, he or she may start out with only a few documents, and end up with boxes and boxes of documents. The parties may have to obtain and provide years of income tax returns, pay stubs, w-2 forms, and sometimes even years of bank statements and credit card statements.
Child support trials are often both lengthy and extremely boring. Whether you win or lose at trial, you are subject to having to make written objections or reply to written objections on the other side. If you win or lose these objections there can still be an appeal.
The stakes can be very high, as in New York child support goes up to age 21, and many cases involve requests for payment of college expenses.
In New York, child support can be enforced either by administrate action or by court action. These methods are not exclusive, and in fact, it is common for the local child support enforcement agency to seize income tax refunds, suspend driver’s licenses, and take other action even while a child support action is pending in …
You may have been served with a child support petition, and you want to know if the New York courts will take into consideration your other child or children in setting a child support order. Unfortunately, the answer to this question can be quite complicated, depending upon your particular situation. Alternatively, you may have an …
Will My New York Child Support Be Reduced Because I Have Other Children? Read More »
Under New York State Law, child support goes up to age 21 unless the child becomes emancipated. Emancipation is a legal term which, means one of the following: The minor child gets married The minor child joins the military The minor child has left home and is self supporting The minor child has abandoned home …
New York Child Support Issues What is Constructive Emancipation? Read More »
You may be surprised to learn that under New York State Law, you may not be able to reduce your child support payments when you retire. While this issue does not come up often, unless you take an early retirement, It can come up if you have a child or children late in life. Child …
Can I Modify My New York Child Support Order When I Retire? Read More »
I am a New York attorney who has many years of experience handling different types of child support cases. My services also include handling child custody and order of protection cases. This article is intended to provide you with some basic information and possibly answer some questions about child support laws in New York State …
Do I Have To Pay Child Care Expenses On Top Of Child Support? Read More »
Litigants (and even some written decisions from family court judges) sometimes confuse the terms joint custody and shared custody. Under New York State Law, Joint custody is the power of a parent to make the important decisions about the child’s life, and has nothing at all to do with who pays child support or how …
In order to get divorced in New York State, the Supreme Court must deal with the issue of child support. If the parents are not married, child support is handled in the Family Court . If the parents were married subsequent petitions to modify, suspend, or enforce the initial child support order made in Supreme …
How Child Support Cases Are Handled In NY Family Court Read More »
There are two types of child support modification cases. A downward modification is when the payor (who is usually a non-custodial parent) wants to reduce the amount of child support payments. An Upward modification is when the payee ( usually the custodial parent) seeks to increase the amount of a child support payments. In both …
How To Get Downward Modification Of A Child Support Order In The NY Family Court Read More »
There are several situations when New York Courts, in particular the Family Court, may be reluctant to order dna tests to establish or rule out paternity. Father Files For Paternity And Asks For DNA Testing Usually it is the mother or the department of social services, on behalf of the mother, who files a paternity …
Why New York Courts May Not Give You A Paternity Test Read More »
How Child Support Is Calculated in New York All states are required, under federal law, to use mathematical formulas as guidelines for determining the amount of child support payments, however the states are allowed some discretion in setting their own guidelines. In New York State, the amount of child support payments are determine by calculation …
Understanding Income Caps in New York Child Support Read More »
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