Category Archives: Child Support

Saratoga Family Law Attorney Discusses Your Ex Not Paying Support or Maintenance

Not Paying Support or Maintenance

One question that I often get as a Saratoga Family Law Attorney quite often is, “What happens if my spouse is not paying child support and/or spousal maintenance under the current agreement?” My answer is always to come and see us. We can definitely help you out with this.   I advise clients as a Saratoga Family […]

Saratoga Child Support Lawyer Discusses Claiming the Kids On Your Tax Return

I am often asked as a Saratoga Child Support Lawyer about claiming the children on your taxes if you pay full child support.  If your spouse has primary custody of the children and you are paying full child support, it does not mean that you are able to take the children as dependents on your […]

Albany Family Law Attorney Discusses Child Support Being Used for a Lawyer

Albany Family Law Attorney Discusses Child Support Being Used for a Lawyer

Question: Can my ex-wife use child support money to pay for her lawyer to argue against my petition for custody?  Obviously, this money is fungible but at some point my children’s standard of living will be lowered due to lawyer bills.   If she can’t, what should I do? Download Our Free Divorce Guide Answer: I am […]

Saratoga Family Law Attorney Discusses Raising Child Support

Saratoga Family Law Attorney Discusses Raising Child Support

Question: I am taking ex to court to have child support raised. In retaliation to this, he has told our 12 year old that I am a liar and has been showing him all the court documents that he has and highlighted all of my “lies”. The 12 year old believes his father can do […]

Saratoga Child Support Lawyer Discusses Paying Support While the Child is Living with You

Saratoga Child Support Lawyer Discusses Paying Support While the Child is Living with You

Question: I have a case in family court where I’ve been given temporary custody due to a TOP as of late December. Our daughter has no intentions of going back to my ex due to physical abuse, but I know it’s a process to switch child support. In fact, I now have a date for […]

Albany Child Support Attorney Discusses Healthcare Arrears

Albany Child Support Attorney

Question: My ex filed and then withdrew a petition to not to pay C.O.L.A through NY state. I also filed a petition to raise my child support to 17% due to the fact he hasn’t carried health insurance since being fired from his job three years ago. Our original agreement was deviating from the Child […]

Albany Child Support Lawyer Discusses Taxes and Child Support

In Albany, I am often asked as Albany Child Support Lawyer if child support is taxable.  In New York, Child Support is calculated on full income, social security taxes, and income taxes. Income taxes are not deducted before Child Support is calculated. As an experienced Albany Child Support Lawyer I advise clients that support is not deductible […]

Saratoga Child Support Lawyer Discusses Calculation of Health Insurance

Saratoga Child Support Lawyer Discusses Calculation of Health Insurance I am often asked as an experienced Saratoga Child Support Lawyer how health insurance is calculated between two parties for their child’s health insurance.  In New York State, health insurance for the children is a part of the Child Support Standards Act. It is not paid […]

Saratoga Child Support Attorney Discusses Add-On Expenses

Divorce Agreement

Question: If a stipulated child support agreement will include pro-rata sharing of unreimbursed children’s medical expenses, is mileage to/from doctor considered an unreimbursed medical expense? Using, for example, federal rates as noted in IRA instructions. the monied spouse says “no”; the custodial parent thinks “yes”. The agreement is still under negotiation. If so, would the […]

Saratoga Child Support Lawyer Discusses Grounds to File a Petition of Violation

file a petition of violation

Question: My ex is delinquent in child support.  He keeps going against the agreements in our divorce and purposely goes out of his way to cause me stress and anxiety.  His harassing behavior and malice have caused me extreme stress and fear. He had a restraining order recently changed to an ACOD but he does […]

Calculating Bonuses into Child Support

When child support is initially calculated on the non-custodial parent’s income, we or the court considers and assesses all of the sources of income that the parent has. Many support payers in sales, management, or executive positions receive a fair amount of income, by way of bonuses. Some courts will assess basic child support based […]

Obtaining a Child Support Order in New York State

Child Support Orders in New York State are issued by either Family Court or Supreme Court. If you are apartied to an action for Divorce, then the order will be issued by Supreme Court. Family Court is one of limited jurisdiction, and it cannot address a Child Support case if Supreme Court is handling the […]