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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30349
Experience:  Attorney with experience in family law.
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My 17 year old daughter has recently decided to live with

Customer Question

My 17 year old daughter has recently decided to live with her father. Her father has been paying child support for almost 5 years which he has not paid close to what he was supposed to. He is also supposed to pay half of her medical expenses which he has paid nothing towards. He recently filed for me to start paying him child support, even though he filed before she moved in with him. I make significantly more money than he does so he is going to try to get the full amount the law will allow, even though he was only required to pay $50 a week. I can't afford a lawyer in my area and don't qualify for a public defender. I would really appreciate some advice on how proceed. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The thing that's hard to keep in mind is that this child support money isn't for your ex, it's for your daughter. It's to ensure that she gets as good a standing of living with him as she would have gotten if she'd stayed living with you. That means, the fact that the father's child support was much lower than yours will be doesn't make any difference legally. New York child support is based on the income of the non-custodial parent. You'll be ordered to pay 17% of your pre-tax income unless you can show that you have extraordinary expenses that would make the calculation unfair.

The father's failure to pay what he owed was contempt of court. You can file for contempt, show the judge what payments were missed, and ask that he be ordered to reimburse you for medical expenses. It's possible the judge might allow you to deduct the $50/week from what you'd otherwise pay, depending on the total. The judge can also work out some fair way for you to account for the missed medical expenses, and a judge can charge the father interest on that debt until it's paid. But his failure to pay when he was supposed to won't completely excuse your obligation to pay, because the money isn't for him. It's not your daughter's fault he didn't pay when he was supposed to.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Do you have any other questions about this?