my wife left me 2 months ago , we live in new york, how does this child support situation work ,?

Question

my wife left me 2 months ago , we live in new york, how does this child support situation work , is my wife able to file for child support for one child with the courts unless we have a separation agreement in tack, basically my question is dont we have to be legally separated for her to collect child support, also how do i go about filing a legal separation for a divorce

Answer 1

Because you are NOT supporting your child, your wife can files whenever she desires.

No, you don't have to be legally separated for her to collect child support money.

Make sure to always pay your child support directly to the Child Support Division rather than to her directly if a Child Support Order is in effect.

Any payments you make to her directly should be paid in check form with the memo of "Child Support" appearing on the check prior to her signing it.

There is mandatory computer program which calculates the amount of child support you will have to pay. It is based on:
Amount of time you have the child in your custody;
Your income
Her income
Any hardship deductions

It does not matter if you have car payments, high rent, etc. Try to remain on cordial terms with your wife so as to avoid a nasty, expensive court battle.

Answer 2

In California, once the separation is filed, the CS goes into affect.

In any case, talk to an attorney. DO IT NOW!!!

When you get your CS order, never, never, never not pay it. It is the first bill you will always pay. The law will make your life miserable if you don't.

Children come first, always. Keep that in mind, even if your ex goes ballistic and refuses that you see the kid(s), always pay your child support. They need it, your ex needs it unless she makes a ton of money, and it is your responsibility.

On a side note, visitation is a civil matter. Some non custodial parents withhold Child support as a punishment for an ex not letting them see the kid. That will get you in hot water very quickly. While the custodial parent maybe wrong, CS is a criminal matter and visitation is up to you and her to settle, in and out of court. The state will go after you for CS, not the non custodial parent for withholding visitation. But that is changing.

Good luck. I wish I knew all the above, otherwise I wouldn't of had to deal with tax liens, ect, that was the result of my anger.

Peace

Jim

.

Answer 3

Child support is determined by the court and ordered by a judge. It will be part of a legal separation agreement. You will need to retain an attorney to file the paperwork for you.

Answer 4

People screw up. Men and women and the kids always pay the price. Fatherless. Once a cheater always is not always the case. People do real stupid things all the time both men and women. Ironically, sometimes we hurt the people we love the most, because we take what we have for granted. I don't blame you for breaking up with him. Don't know what your relationship was like GOOD, JUST OK, or REAL GOOD. Do you still love him? Does he still love you? Has he cheated before that you know of? For the child sake and family is there a possibility to rebuild trust. Forgiveness is divine. I don't by into all the Feminist Pop-culture angry Man-haters. A kid is involved he screwed up can the two of you save your family? I see the post below mine and it's filled with Legalized revenge, now that's immature, screw the kid, lets get revenge. Contrary to feminist myth kids do need both parents. A father is more than a ATM Machine, which Feminist have reduced men too. In general this is why so many fathers desert.

Answer 5

She only left you 2 months ago. Are you sure you want to go on and get a divorce? Or would you like to enjoy this time apart and then try to work on your relationship and get back together?

Think about that first and talk to her about it.

As for legal advice, hmmm, I really don't know. Sorry. Go to your nearest lawyer and ask, or go to the library and get some local law books to find out the laws of New York.

Cheers

Answer 6

wow. that sounds like alot. U should totally talk to someone in the legal field. Luckily, when my 'rents separated when i was 4, my dad willingly began to pay support because if my mom hadve sued (she wouldnt do that) she wouldve gotten more money, but my dad still pays, up until next year when im 18 so thats that. g.luck.

Answer 7

Find a good lawyer to answer these questions. These are a little too big and a little too serious for Yahoo! Answers.

How to find a good lawyer? Ask around with friends and co-workers. Don't pick the one with the biggest ad in the Yellow Pages! Good lawyers don't need to advertise.

Much luck.

Answer 8

You need to speak to an attorney.
If you don't have on yet, you should seek help from the local family court. They have people who can answer your questions, and tell you what you should do next.
You should do this as soon as possible though, or she can seriously burn you!

Answer 9

if you are a real father, you should WILLINGLY provide adequate support for your kids until the legal judgment is reached. you need to see a divorce attorney. why did she leave you?

Answer 10

You need to get an experienced divorce attorney and do your homework.

You want the situation to be resolved amicably for both you and your child.

Make it work, your kid deserves it!!