Legal Question in Family Law in New York

Re: Same address child support

Yes. Certainly support can be ordered even if the father is in the same household. Of course, an issue that might have a bearing is whether there are any public assistance benefits being paid in to the household (in which case, there might be complications).

If it hasn't already been done, the issue of paternity will have to be resolved - - that will be a "preliminary" step in the Family Court proceeding for support.

You can get excellent guidance with all this by going to your county's Family Court (best to do so early on a weekday morning - expect to spend a couple hours, depending on where you live city/country) and ask to speak to the intake clerks.

Bear this in mind: Altho' the purpose of the laws in place for child support are appropriate and 'high-minded', the structure of those laws sometimes contributes to making things considerably more difficult. This can be especially so when the parent who is being obliged to pay support doesn't really have steady, reliable assets from which he can provide support. In your case, the law will compell the father to pay 17% of what he's earning {not his take home pay, but his total income minus only a portion of what's withheld}. So, for an 'approximate example', if the father's take home pay was $200 per week, he would be obliged to pay something more than $34.00 per week for child support and that payment would probably be deducted from his check by a payroll deduction order. Even living in the same household, he would not be obliged to pay over anything more than that.

So, even if "sporadic", if the father is contributing - - all things considered - - more than the value of that 17%, you might want to think your options over carefully.

Regards, etc.,

JM Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Same address child support

Absolutely! Go to Family Court, and petition for child support.