Legal Question in Family Law in New York

Child support counter suit

During a support hearing my ex spouse counter claimed Support for My 19 old son who has left college. he moved in with my spouse and works fulltime.my ex stopped paying full suport before my son went to collgege and is using this to try to stop me for clainming suppoertr. owed previously. can he do that?


Asked on 5/08/04, 4:20 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child support counter suit

Child Support Arrears are based upon AN EXISTING Court Order and Obligation for Support; not one that may be entered in the future.

Therefore it is likly the Court will dismiss the father's claim for retroactive support arrears ( ie., before the petition filing).

Also, if your child is working fulltime, his income and his father's income must be used to calculate any support, if any, due for his support; and if the Court finds their actions frivolous, they both can be charged with your costs, fees and disbursements.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

Read more
Answered on 5/09/04, 8:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York