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child support Tag

The Law Offices of Ian S. Mednick, P.C. > Posts tagged "child support"

Child Support Responsibilities and Modifications

Divorce is the legal process that is supposed to act as the final severance between two people. Some ties are too strong, even in the legal system, and a number of divorcees still end up working with each other on several issues. Perhaps the most compelling issue is the matter of child support, as both parents still share natural rights over a child even after divorce.Determining the amountThe non-custodial parent (the parent not living with the child) is obligated by the court to pay an amount for the benefit of the child. As discussed in Section 240, Article 13...

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Always Get Legal Advice from a Divorce Attorney First

Justice Leonard Steinman of the Nassau Supreme Court in another noteworthy decision upholds a divorce agreement printed out from the internet as it was signed by both parties who were without the benefit of advice from a Divorce Attorney in Long Island.  There is no knowledge at this time if there were proper acknowledgments.  The wife waived maintenance and child support and they agreed to sell the home and split the proceeds.  They filed the agreement and then two years later the husband filed for divorce.  The wife argued that the agreement should be set aside as unconscionable and overreaching. ...

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Controversial Nassau County Long Island Divorce Decision

A Nassau County Matrimonial Judge has issued a long island divorce decision which brings more questions than it answers. The case involved a post judgment downward modification of child support and maintenance based off of the ex-husband's loss of employment. This application was granted and the ex-husband's child support was reduced and his maintenance arrears were vacated. His ex-wife then moved for breach of contract. The ex-husband moved for summary judgment and was denied. The Court ruled that he was still under an obligation based upon contract principles. The Court granted him a reduction in support under the Judgment of Divorce...

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Child Support and Social Security Disability for Children

Many payees of child support often wonder how a child's receipt of Social Security Disability affects their child support payments.  The simple answer is that it does not.  There is no reduction in a payee's child support order nor is there a waiver of any child support.Despite the fact that Social Security Disability may be used for the same expenses that child support is used for the New York Court of Appeals has ruled that the New York Child Support Standards Act does not provide for any reduction in child support based off of the child’s receipt of disability payments.In...

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Sole Custodial Parent Denied Child Support

4th Department upholds an award of sole custody to dad and joint physical custody to both parents but reverses the lower Court's ruling in regards to the wife paying child support?A JHO out of Monroe County has issued a decision granting sole custody to the father and joint physical custody to both parents.  As such the parties were given equal shared parenting entitling one parent to an award of child support.  The father despite being the sole custodial parent was granted child support and the Appellate Court reversed the JHO declaring the father to be the non-custodial parent for purposes...

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