Legal Question in Family Law in New York

Re: Military retirement

Q. What do I have to do to apply or stop child support?

A. Under NY law, child support is calculated under the Child Support Standards Act (CSSA). Generally, child support under CSSA is calculated in terms of percentages of net income received by the non-custodial parent. Once child support is calculation, a custodial parent is entitled to cost of living adjustment (COLA) after 2 years. A non-custodial parent is entitled to modification of child support based on an unforseen circumstance. Based on your question, retirement from the military is not an unforseen circumstance. However, if you still want to apply for reduction of child support, you would make application to the Family Court where the child is located.

Q. What happens hen I don't send her the usual check?

A. NY, like most States, takes the payment of child support obligations very very seriously. Therefore, if you do not pay court ordered child support, you are subject to arrest and jail Your assets may be garnished. Income may be executed against. It may affect your driver's license and any other license that you apply for (ex. gun license).

Mike.

Re: Military retirement

You can seek to reduce child support based on your new income. Your message was a bit vague, but if you didn't get divorced in NY, your first step is to determine which state has jurisdiction.

J. Douglas Barics