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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11876
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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i have a question about child support can you help me? My divorce was recently finalized a

Customer Question

i have a question about child support can you help me? My divorce was recently finalized and because i was a sucker for my ex he convinced me to do 50/50 custody, which is fine, but we didnt do child support becuase he didnt want his wages garnished and i think i made a HUGE mistake in trusting him? Can i still get child support through my local des or will i be denied because it wasnt in our final documents
Submitted: 3 years ago via ChildSupportLaws.
Category: Family Law
Expert:  GeorgetownLawyr replied 3 years ago.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

how long ago did you agree to this?
how old is the child??
Customer: replied 3 years ago.
our daughter is 2 years old and just a few months ago
Expert:  GeorgetownLawyr replied 3 years ago.
100% you can get child support. no agreement to not seek child support is enforceable by him in any event. child support is for the child and not the parent so the parent cannot legally waive it. Oh and you can ask for retroactive child support going back to the birth of the child if you want to. I hope that helps.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 3 years ago.

i am a little confused on what you are trying to say when you said

 

no agreement to not seek child support is enforceable by him in any event.

 

can you explain it a little more?

Expert:  GeorgetownLawyr replied 3 years ago.
sue, you agreed that you would not seek child support. he cannot legally enforce that agreement because legally you cannot waive child support. so if he now says "hey she agreed I didn't have to pay" to try to defeat your claim, it won't work because you cannot legally waive child support, it's not yours to waive, it belongs to the child. that is what I meant. I hope that is clear. thanks and please click ACCEPT so that I may receive credit for my time and answers. Best regards.
Customer: replied 3 years ago.
even though the divorce is finalized??
Expert:  GeorgetownLawyr replied 3 years ago.
yes ma'am. I hope this helps. thanks again and please do not forget to click ACCEPT so that I may receive credit. thanks and kind regards.
Customer: replied 3 years ago.
i have a 2 year old daughter and our divorce is final and child support was not set up at the time of divorce and the paperwork says 50/50 but i want to know if i can still file for child support through like des or the court?
Expert:  ANDREA, replied 3 years ago.

Hi, and Welcome to JustAnswer, My name isXXXXX am a practicing Attorney, licensed, in New York and Pennsylvania, and I have 25 years experience in Family Law,

The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed.

 


Please keep in mind that the law does not always support our position and although I may not agree with the law, I do not write the law and, therefore, cannot control the outcome, So, please remember that does lessen the time and effort I devoted to researching your question and providing you with an Answer,

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. This is a public forum on the internet, so I caution you not to include any personal identifying information



ANSWER


Even though your divorce is final and even though you did not claim child support in the divorce proceedings, New York law allows a custodial parent to file a Complaint for Child Support. A hearing date will be set, but until the hearing you can ask for a Temporary Order for child support which will be granted to you. You will not get child support from the time the child was born, however, your Complaint for Child Support should request that the Order for Child Support be made retroactive to the date on which you filed your Complaint for Child Support.

The child support amount will be calculated by taking the income of both parents into the computation and the amount will be determined according to the New York Child Support Guidelines.

 

 

 

BONUS and POSITIVE FEEDBACK are appreciated
Customer: replied 3 years ago.

so would it be better to go through the court since it is finalize rather than the local des office in az

Expert:  ANDREA, replied 3 years ago.

 

 

BONUS and POSITIVE FEEDBACK are appreciated

The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed.

 


Please keep in mind that the law does not always support our position and although I may not agree with the law, I do not write the law and, therefore, cannot control the outcome, So, please remember that does lessen the time and effort I devoted to researching your question and providing you with an Answer,

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. This is a public forum on the internet, so I caution you not to include any personal identifying information



ANSWER


You are much better off filing for child support with the Family Court because when the Judge sets a child support amount, it will be placed in an Order and if the father fails to pay pursuant to that Order, you can file a Petition for Contempt and when the Judge finds him in Contempt of the Court Order, the Judge has the power and authority to sentence him to jail time until he complies with the Court Order for Child Support

 

 

 

 

BONUS and POSITIVE FEEDBACK are appreciated
Customer: replied 3 years ago.
what if the paperwork says no garnishment of wages, can i still get the child support?
Expert:  ANDREA, replied 3 years ago.

 

BONUS and POSITIVE FEEDBACK are appreciated


Your original post said you did not go for child support because the father did not want his wages garnished.

When the issue of child support is before the Court, the Judge really does not care whether or not the father does not want his wages garnished. The Judge will include in his Order for Child Support whatever the Judge believes will assure that child support will be paid. If the Judge believes that garnishment will be necessary to assure that you receive child support, then the Judge will include a garnishment provision in his Order and this will be sent to his employer whether he likes it or not.

 

BONUS and POSITIVE FEEDBACK are appreciated
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11876
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Will the fact our divorce went into default make a difference? The only reason was because he pushed me to not respond because then he would drag it out in court and make my family use all their savings to fight him and now that it is final he has stopped doing what he said he would and now I know I was taken for a ride. So will that decision, to not respond be held against me?
Expert:  ANDREA, replied 3 years ago.

I have provided you with several Answers in good faith, but you have not chosen to Accept any of my Answers. Experts work on the Honor System in providing Answers to customer questions. By the Terms of Service a customer does not incur any additional charge after he has pressed the Accept button, for any follow up questions asked for clarification of an Expert's Answer. The Terms of Service, however, require that a new question be posted in a new question box.

 

 

 

 

BONUS and POSITIVE FEEDBACK are appreciated

Customer: replied 3 years ago.
i accepted your awnser so would you be able to answer my question ? Will the fact our divorce went into default make a difference? The only reason was because he pushed me to not respond because then he would drag it out in court and make my family use all their savings to fight him and now that it is final he has stopped doing what he said he would and now I know I was taken for a ride. So will that decision, to not respond be held against me?
Expert:  ANDREA, replied 3 years ago.
Give me 5 minutes to formulate an Answer, and I will be right back
Expert:  ANDREA, replied 3 years ago.

It does not matter how divorce proceedings are accomplished, whether by default, or otherwise. Neither does it matter that child support was not requested during the divorce proceedings. The law imposes a strict obligation on parents to support their children, and the custodial parent can file for child support at any time, even if no request was made in the divorce proceedings - And, do not let the father tell you otherwise. The sooner you file for child support, the better off you will be. You will not be able to get child support from the time you separated, however, you should request the Judge to make the child support Order retroactive to the date on which you filed your Complaint/Petition for child support.

Customer: replied 3 years ago.
what about other things i didnt know i could ask for and have recently found out i could have got something for. For example he got the house because i could not afford it but i just found out i could have asked for him to like "buy me out of it". Can i go after that??
Expert:  ANDREA, replied 3 years ago.

 

Thank you for accepting my Answer, I greatly appreciate it. But what I appreciate the most is the confidence you placed in me by allowing me to help you,

If you have not already done so, please take a moment to leave some Positive Feedback

I am more than glad to continue to help you, but the Terms of Service and the rules of the website must be observed because I do not want to get into any trouble. Your question is is not asking for clarification of anything in my original Answer, and, therefore, is considered a new question by the website and, if you found my new Answer, would ask for a new 'accept'. Please let me know if you agree with these Terms, and if so, we can continue. Thank you

Customer: replied 3 years ago.

is there usually a waiting period for changing the child support?

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ANDREA,
ANDREA,
1713 Satisfied Customers
25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law