Legal Question in Family Law in New York
When does Child Support payments legally begin?
My wife and I are separated and going through the divorce process but have not submitted final paperwork. Under the advice of my lawyer I have been paying child support in the amount of twenty five percent of my salary minus FICCA since I moved out.
I now am unemployed and collecting unemployment insurance and my spouse insists I must pay the twenty five percent of my unemployment checks. I can not afford to do this and make my monthly expences. When do child support payments become a legal obligation? When the divorce is final? When I sign the final paperwork? The final payperwork is ready for me to sign, should I proceed or will I legally obligate myself?
1 Answer from Attorneys
Re: When does Child Support payments legally begin?
This must be very difficult for you. You have lost a lot in a short period of time.
Of course it is best to pay the support at all times. It is for the benefit of your child. However, your obligation becomes a legally ennforceable obligation only when the judge makes an order.
Without the judge's signature, there is no present obligation to pay.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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