Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My wife opted out of CSSA child support to receive no support

from her ex-husband. She...
My wife opted out of CSSA child support to receive no support from her ex-husband. She is the custodial parent of two children. She gave up $1750/mo to get away from an abusive husband and receives no support whatsoever because he controlled all the money in the divorce and she couldn't afford to fight him (She fought for 3 years and racked up $50,000 in debt in the process). She wants to know if she can go after him for support because the kids are suffering.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
10/11/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,098
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no statute of limitations in NY for a parent to seek child support. Thus, she will need to get a local attorney to review the facts of her case making sure of her facts, but in general a waiver of child support would not be enforceable in NY if the needs of the children are not being met. Thus, she need to consider going to court to get a court order of support.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

Thank you for responding, but this doesn't help us. How could we "prove" that our children's needs are not being met. She opted out of CSSA under duress (Ex threatening to drag on the proceedings to bankrupt her and possibly take children away). Once she agreed that he wouldn't have to pay for the children's support he signed that very day after 3 long years of battling (And he was very nasty, tried getting her in trouble with Child Protection Services, tried to get me in trouble by claiming I had molested their daughter, etc. All was found to be unfounded). This guy, the very next day went and bought himself a new truck, refinanced his house and is living the life of Riley while we struggle to make ends meet, and we are sinking deeper and deeper into debt trying to give the children a decent life and feed them and shelter them. What examples do we need to "prove" to the court that this was all a sham and that his high-priced attorneys got him a "get out of paying free" card by bankrupting her in the process?

Thank you for your response.

It certainly does help you (although you may not want to hear that you need an attorney and have to go to court again to get the help), since you said above she is amassing debt to try to care for the children. The courts do not really require much evidence of the circumstances showing she is having difficulties paying for the care of the children. Also, NY says that the first consideration in these matters is the best interests of the children which are not being met if she has to go into debt because he coerced her to waive support.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,098
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 121,098
121,098 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In TX will child support court pursue arrearages from
In TX will child support court pursue arrearages from another state or only state of TX? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
How can ex wife who is custodial parent through joint
How can ex wife who is custodial parent through joint custody file for taxes on our son when she doesn't work, no disability checks and remarried? … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
What is a fair amount of child support for 2 kids if the
what is a fair amount of child support for 2 kids if the non-custodial parents thinks 25% of their pay is too much?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
The non custodial parents child support order isi in South
The non custodial parents child support order isi in South Dakota, he owes approx 25k in back support. He fled to Indiana and I was able to tell the process server his location. He has not paid a penn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I was not properly served by the custodial parent. Instead,
I was not properly served by the custodial parent. Instead, she falsely told the County clerk's Of Alameda that I was served. What should I do? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
Non-custodial parent is claiming financial hardship to
Non-custodial parent is claiming financial hardship to intentionally avoid helping to support our child.I am wondering what is the detailed explanation/criteria of what counts as "contempt".… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Non-custodial parent slept with a woman outside of his
Non-custodial parent slept with a woman outside of his marriage and created a child with mistress. As a result he ended up getting a divorce. He now claims that due to the divorce tying up his money -… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,721 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
We are being threatened with eviction i am custodial parent
we are being threatened with eviction i am custodial parent of two children one autistic. Rent must be paid at beginning of month and child support comes in two three installments. It must be paid at … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Non custodial parent is threatening to tell our child/have
Non custodial parent is threatening to tell our child/have someone else tell our child (it is my fault) if he/she lands in jail for not following court orders in paying child support, etc. Is there a … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I recently filed for child support. The non-custodial parent
Hi! I recently filed for child support. The non-custodial parent is out of state. Would the child support laws be for my state or his? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,098 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x