Category Archives: Child Support
Income Withholding May Be an Option to Get Your Child Support
Under the federal Family Support Act, all states are required to have a system in place that allows for automatic withholding of a parent’s income to pay for child support, along with orders that combine child support and alimony. If you are having a difficult time receiving child support from your kids’ other parent, you… Read More »
What to Do When You Receive a Child Support Petition
If you receive a formal petition for child support, it is important that you respond quickly and appropriately. You are legally obligated to provide child support if you are not the custodial parent, and avoiding this responsibility could lead to significant legal consequences. The petition you receive will have specific instructions on the steps you… Read More »
Can I Get a Reduction in My Child Support Obligations While My Child’s in College?
Many noncustodial parents wonder whether they can get a break in support payments when their child is away at college. The logic behind this request is that part of what the parent is paying in college expenses is for room and board, which the custodial parent is not providing for perhaps nine months of the… Read More »
Am I Legally Obligated to Pay My Child’s College Expenses?
Given the ever-skyrocketing costs of a college education, divorced parents often wonder whether they are legally obligated to pay college tuition for their children. In fact, New York is one state that does allow a court to order college tuition payments. Domestic Relations Law §240(1- b)(c)(7) states: (7) Where the court determines, having regard for the… Read More »
When Does Child Support End in the State of New York? Answer: 21
There are exceptions to this such as when a child enters the military service after the age of 18; dies; and/or gets married. Nevertheless, New York is the last state with child support through the age of 18. There are also cases of emancipation. We have prevailed in both the Local and Appellate Courts in… Read More »
Know the Basics of Child Support Before a Divorce
If you are a parent who is about to enter into a divorce, child support will most likely factor into your proceedings. Having a working knowledge of information pertaining to child support will help you set and achieve settlement goals with the assistance of your attorney. Understanding child support fundamentals Child support is paid by… Read More »
New Domestic Relations Law Protects Smart Women in 2016
In 1985 the New York Court of Appeals started a case called “O’Brien v. O’Brien” this case has a “progeny” of cases that further define it and solidify it. The case stands for the proposition that “an interest in an professional career is marital property which can be represented by direct or indirect contribution (even… Read More »
New Joint Parenting: For Love Not Money
Fifty – fifty custody. Why doesn’t it make dollars and cents? The trends towards joint shared parenting are spiking. Since 1994 we have seen over 25 years worth of increased fathers right’s and a push towards joint-shared parenting. In fact, Westchester, Yonkers, and some of Manhattan now pre-suppose that there will be joint shared parenting… Read More »
Special Considerations for Child Support, Custody between Unmarried Parents
Unmarried parents who end a relationship may be faced with certain challenges that do not apply to married couples. If you are an unmarried father, it is important to know the rules surrounding child support and custody so that you can effectively protect your rights. When a child is born to unmarried parents, the state… Read More »
Unique Factors that Influence Military Divorces
Divorce poses unique considerations for the 1.1 million active duty American soldiers and their families. When a military couple decides to divorce, certain factors come into play that civilian couples may not have to think about. In fact, numerous aspects of a military couple’s divorce may be influenced by the spouse’s military service. Child support… Read More »