Legal Question in Family Law in New York
family court-child support
I was awarded full custody of my son 11 years ago and my ex was ordered to pay child support. Now my son, at the age of 18 has moved in with his Dad, who in turn is now suing me for child support since the son lives with him now. My son is not happy with this. He wants to appear in court (can he do it by affidavit?] to ask the Judge to split up the week so no one has to pay child support. Question #2: When the divorce initially became finalized my ex was ordered to pay me 17% of his income. The sly fox bought 25 acres of land, farmed only one acre, took a loss and deducted the $10,000.00 loss from the top of his income. Can I go back the 3 years that he has done this to collect the correct child support he has denied his son? Thank you so much for your time and help!
1 Answer from Attorneys
Re: family court-child support
You should contact an attorney in your area immediately. Your ex-husband was ordered to pay you child support at 17% of his income as calculated at the time of your divorce not as he goes along. If he did not get a modification due to the losses incurred, he owes you arrears in child support, that is if it was either a proper court order or in the stipulation of settlement done in the divorce or in family court.
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Joel R. Salinger