child support age limit

[DREALDEAL]

What is the name of your state? NY

what is the age limit paying support in NY? if the custodial parent was ordered by the judge to find a job 4 years ago and still has not, can I lower my payments? The monthly payments are killing me, $600/month, one child & I live paycheck to paycheck...he will be 18 on 2/10/07 and plans on college.

 

[Zephyr]

I thought NY went until 21....and cs can be reviewed periodically, you might want to call your local csea and see if you are eligible for a review

 

[ceara19]

I have never heard of a case where a judge has ever ORDERED either parent to get a job. If both incomes affect support, the court can impute the appropriate income to the unemployed parent.

 

[DREALDEAL]

age limit in NY?

the judge actually told the custodial parent to find a job several years ago, she is married with 3 other children all attending school. She is a Brooklyn judge..

I also think the percentage of calculations s/b based on take home pay, not before.

 

[moburkes]

the judge actually told the custodial parent to find a job several years ago, she is married with 3 other children all attending school. She is a Brooklyn judge..

I also think the percentage of calculations s/b based on take home pay, not before.

Keep thinking that. All you'd have to do is claim 0 exemptions to make your take home pay really small, then claim the CORRECT # of exemptions after court. That is silly!

 

[BL]

Why have you waited 4 years to explore any laws on this , or file modification .

The Judge told Her , is different from an ORDER , although " IF " the Judge wrote on any record of proceedings document(s) , you may have a shot at modification , but don't count on any back relief .

The shot may be a long one ... but by all means review the file , at the Court's records Dept .

 

[LdiJ]

Child support in NY goes to age 21. Since the child is going to college its a given that child support will be paid to at least age 21.

It can be taken back to court to get an income imputed to the CP if one was not imputed in the original calculations. However I thought that NY was one of those states that only took the ncp's income into consideration. If that is the case, I don't see how imputing an income to the cp would help.

 

[BL]

Child support in NY goes to age 21. Since the child is going to college its a given that child support will be paid to at least age 21.

It can be taken back to court to get an income imputed to the CP if one was not imputed in the original calculations. However I thought that NY was one of those states that only took the ncp's income into consideration. If that is the case, I don't see how imputing an income to the cp would help.

https://newyorkchildsupport.com/custodial_parent_info.html#4A

Also , depending on the circumstances ( not in this case ) child support could be adjusted or whatever the Law allows , could go retroactive . In most cases however it goes back to the Date of the filing .

And of Course in NY there is a minimum for no or low income NCPs .

 

[ceara19]

the judge actually told the custodial parent to find a job several years ago, she is married with 3 other children all attending school. She is a Brooklyn judge..

I also think the percentage of calculations s/b based on take home pay, not before.

I can't count the number of times the Judge TOLD me to "watch the commentary" during my divorce. But it was never actually ORDERED. A person's employment status is really of no concern to the court. All that matters is whether or not the person pay the court ordered child support. No one cares where the money actually comes from.

 

[stealth2]

However I thought that NY was one of those states that only took the ncp's income into consideration. If that is the case, I don't see how imputing an income to the cp would help.

Nope. NY takes both parents' incomes into account. But yes, support goes to 21.

 

[jorton56]

My State--A Little Behind The Times...

As in my case the judge told ex: "You are ordered by this court to GET a job and MAINTAIN that job, do you understand sir?" He was ordered to report once a month for 6 mos. Each time he came in he said, "I can't find a job" Each time they let him go until the next court date. and the next. and the next....

Also regarding the income. This man made $10.ph in 1988. Fast forward to 1995, his income was 0. To compute CS amount they went by my income + his income. When I begged the court to at least consider that he made $10.ph in '88, was a certified welder capable of making more than zero would they please reconsider...No. It is based upon his present earnings. I pushed to almost the point of contempt by asking that they at least consider that he is capable of earning minimum wage...? No, again it is based upon his present earnings. UNBELIEVABLE.
The guidelines have now changed to reflect that point of minimum wage now but too late for me.
By the way, he did not get and maintain a job, I have collected a little over 1,100. up to this year. PARRRTEEE!