Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My daughter has been living with me here in New York ever since…

Customer Question
my daughter has been living...
my daughter has been living with me here in New York ever since we came (migrated) to the united states in july, 2010 from jamaica. I always send her to her mom who resides in north carolina on holidays (christmas/summer). In december 2014, i sent her for christmas holidays and here mom decides she's not sending her back to New York. Now three weeks ago i'm served with child support documents to attend court on july 9, 2015. Neither parent has custudy rights as neither went to court to have this done. Am i obligated to pay child support?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
6/25/2015
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,482
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Just to be clear, the documents you were served with are for her seeking child support? It has not been ordered yet?
Ask Your Own Family Law Question
Customer reply replied 2 years ago
no , it has not been ordered yet
Customer reply replied 2 years ago
yes the documents are for her seeking child support
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
Thank you for the additional information. If the mother failed to return the child and is now seeking child support, she is essentially saying she wants primary custody and will keep the child going forward and you will need to pay child support. It will be up to the Judge to determine if it will be ordered but if she has custody of the child, it is going to be awarded since there is an obligation for you, as the father, to pay it. Now, the real issue is custody and if you want it and seek it, then it needs to be decided by the Judge and you would have to file a motion to have it ordered. Since everything has been informal over the years, there is a presumption that the mother has custody of the child. For you to obtain it, you would need to show that the child has been living with you since 2010 and only has been with the mother during holidays and the summer and allowing the mother to keep the child, is not in her best interest. If you are awarded custody, then she would have to pay you support but right now, there is going to be a custody battle if you want the child and you need to get an attorney to handle that and the child support issue, since they are contingent on each other.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Thanks for your response, however i need to ask the question from the different perspective. I have always supported my daughter financially, her mother never ever gave me a dime towards supporting her for the four and a half years she's lived with me nor have I ever asked her for any money at all in supporting her daughter. Is it right for her to be seeking child support payment from me? What legal rights do i have where this issue is concerned?
Customer reply replied 2 years ago
And to make matters worst she is seeking child support from the day she took my daughter away and did not send her back to New York. What legal rights do i have?
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
You are welcome and I do understand. Legally, she has a right to seek it, if she has custody of the child. Yes, you support her for all these years but you did so voluntarily and you did have a right to get support from the mother, if you wanted. Just because you did not and did the right thing caring for her, does not mean the mother is forced to do the same. Now, as far as when the clock starts, you would have a basis to object to it and dispute it, since the child was simply supported to be with her for visitation and not she is withholding her, contrary to the informal agreement. However, the Judge may order it from when she had her, since she has had to incur the cost of care for the child, which is why legal counsel is best for you if you want to try and get your daughter back. it is very odd that the mother after 4 years is trying to gain custody of the child, unless her sole purpose is to get child support and essentially use it for her own needs.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Now you hit the nail on the head. She does not want to work as far as i am concerned. She prefers to be a housewife, she's married now, residing in North Carolina but does not want to work. So with her having the right to claim since she took her away, what right do i have to claim support during the past four and a half years then?
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
A Judge is not likely going to order she pay you for the past 4.5 years, just because she is seeking it now, since I shared with you above that you had a right to go after her but never did. Had you tried getting support from her and she avoided you and you were not able to, it could change the situation. You can certainly address this with the Judge and go so far and ask that it offset the amount which you would have to pay but it is not something that would just be automatic. As I shared above, she is now married and does not work and she may want the child so she can get the support and have it as income. She is not required to tell you how the money would be spent, so you never know her intent and unless the child is not being cared for, you will never truly know.
Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Ask Your Own Family Law Question
Was this answer helpful?
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,482
31,482 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer 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
can a minor half sibling get visitation rights with other siblings
It has been 9 years since my husband has seen his almost 10 year old twins.He and I share a daughter. He pays child support, but she has not let him see the kids. We have no idea how to find her,as sh… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My ex girlfriend is pregnant. She clams that the child is mine.
My ex girlfriend is pregnant. She clams that the child is mine. I don't know if it is mine or not base on her type of background she has had with relationships. I know that getting a DNA test done wit… read more
stevexo
stevexo
Criminal Defense Attorney
Doctoral Degree
992 satisfied customers
Can my ex get retroactive child support when there has never
Can my ex get retroactive child support when there has never been a child support order? I was never married to the mother. My child is 17, and will be 18 in February. My ex has primary custody, and w… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
If court ordered child support is 510 a month in alabama and
If court ordered child support is 510 a month in alabama and i received a hugh pay increase several years ago can i be sued for bqck child support now if she didnt have an adjustment made then.… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
In state of Washington we need to change a child support
In state of Washington we need to change a child support order. The father is paying about 1500$ a month less than he should be paying based on the state calculations. There are twins involved that ju… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
Familyanswer, in the california child support guideline
Hi familyanswer, in the california child support guideline calculator, it asks "other child support being paid". Could this apply to the support I am providing for my current step daughter? Or is this… read more
FamilyAnswer
FamilyAnswer
Lawyer
31,482 satisfied customers
My question is in regards to child support. My daughter
Hello, my question is in regards ***** ***** support. My daughter turns 18 this year in November. However, she graduates high school June of next year. Do I continue paying child support after Novembe… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
Is term not paying child support considered abandonment?
Is long term not paying child support considered abandonment? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have some back child support that the mother of my son
I have some back child support that the mother of my son wants to have erased.... can she do that? Also, she also wants to take me off child support?? Is that possible? If so, what do I need to do to … read more
Sean K
Sean K
Attorney/Member
JD
617 satisfied customers
I have a child support and visitation order that outlined my
I have a child support and visitation order that outlined my ex and I need to live with 5 miles to make it workable - if she moves 15 miles away and now wants to transfer my son to a school in the sam… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The mother and I agreed on child support amount of 300.00 11
The mother and I agreed on child support amount of 300.00 11 year ago .I have increased it 400,00 on my own 5 years ago . I make 43,656.00 gross a year .DHHR has taken the mothers medical card because… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,436 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
431 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
FamilyAnswer
FamilyAnswer
Lawyer
31,482 satisfied customers
How do you enter papers, emails and such into evidence in a
How do you enter papers, emails and such into evidence in a Texas District Court? The birth father has requested a De Novo hearing for conservatorship and visitation. An associate judge has already ru… read more
AttyNiamh
AttyNiamh
Attorney and Counselor at Law
Juris Doctor
153 satisfied customers
In Arkansas, when do I stop paying child support? At age 18,
In Arkansas, when do I stop paying child support? At age 18, end of high school or end of college? And do I have the right to know what the child support I pay is used for?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 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