Skip to main content
Christopher Irvin Simser

Christopher Simser’s Answers

1,448 total


  • At what age do I stop paying child support for my child .

    My daughter is 10 yrs. old. At what point do I stop paying child support.

    Christopher’s Answer

    • Selected as best answer

    The statute (Child Support Standards Act) requires payment until the child reaches 21, unless the child is otherwise deemed emancipated. If the child is legally emancipated then support can end before the 21st birthday. Be aware that support in the form of contributions to college expenses can extend past the child's 21st birthday.

    See question 
  • Remarried my ex. Need something stating nullification of child support for our children for loan.

    My ex-spouse and I were divorced in NY. We have remarried each other and now live in Florida. We are trying to buy a house. They are requiring a letter from a New York attorney that specifies that this remarriage situation would nullify the child ...

    Christopher’s Answer

    Yes - although merely re-marrying will not nullify the existing Order of Support. The best way to proceed is to hire a NY attorney to draft a Petition seeking Modification of the Order. You would then attach a Stipulation to your Petition stating you are re-married and you both agree there is no more payment of support from one party to the other.

    See question 
  • How can I get child support payments corrected?

    Ever since 1.5 years ago there has been a court order for child support. I have started to monitor it a few months and noticed it never caught up with payments that have automatically come out of my paychecks. Since I've moved, I've had a total of...

    Christopher’s Answer

    I agree with my colleagues.

    Unfortunately, you cannot just contact CSEU and get something modified or corrected. You must apply in family court to modify the existing Order, or to modify the arrears (what is owed), or both. That will require an accounting - going through each paycheck and checking the amounts deducted against what has been earned and what the existing Order requires. A qualified attorney is needed t do this right.

    See question 
  • Child support is based on gross income but doesn't factor in the expenses that were incurred to earn that income?

    I own a business as a sole proprieter. I take in rent from two apartments which goes on my tax return. How is it possible that the court doesn't consider that the rent I take in is not my actual income? My actual income is what is left over after ...

    Christopher’s Answer

    Speak to a qualified family law attorney in your area. many expenses are deductible - some, such as depreciation, are not. In short, your adjusted gross income may not be your income subject to the Child Support Standards Act. Some of this will not make any sense to you as a businessman, which is why a quailifed attorney can assist you.

    See question 
  • Can a minor be emancipated at age 22 ? Should I still be paying Child Support for him?

    Court Ordered Child Support has been in effect for this minor for 11 years now. The divorce agreement specifies the end of child support at age 22. He is finished college but has no job and still resides with his mother.

    Christopher’s Answer

    The Family Court Act provides support be paid until the child is 21 or otherwise emancipated.

    In your case the Judgment and Decree of Divorce enters to extend payment through his 22nd birthday. If that date has come and come and gone, stop paying. If it is being taken out of your check by Child Support Enforcement, notify them and provide them a copy of the Judgment and Decree. If need be, have an attronye assist you in submitting a Motion to Modify the Order and end your obligation.

    See question 
  • My husband moved out & missed child support court. His family is hiding him. Can I summons his sister to tell in family court?

    He is a severe alcoholic, we are legally married for five years and have a three year old child. I have received no financial help from him since December. The child is currently attending weekly therapy to deal with the abandonment. His family ha...

    Christopher’s Answer

    Are you suggesting the sister be subpoenaed to court and then asked, under oath, to tell the court where her brother is? The problem is she can ignore the subpoena. More likely then that, she can lie. I agree with my colleague who suggests he be served where he is. I also agree that he can be held in contempt. Consult a qualified atropine to assist you, and best of luck to you.

    See question 
  • Regarding Emancipation of Child Support, is it possible for child support to extend past the age of 21?

    Is there anything in the NY law that states that support could extend to age 23 in if the child is a full time student?

    Christopher’s Answer

    The Family Court Act provides for the payment of support until a child reaches the age of 21 or is otherwise determined to be emancipated. It is quite common, however, for courts to order both parents to contribute to college costs that will extend beyond the 21st birthday. The law does not indicate an age at which these payments stop. It is determined on a case by case basis.

    See question 
  • Child support from off the book income

    What would be the likely outcome, my child's father makes money by the thousands a month off the books and do not pay proper taxes so there is no proof of how much he actually makes his income comes in mostly in the form of cash and though paypal ...

    Christopher’s Answer

    He will have to complete a Statement of Net Worth. As my colleague suggests, what does his lifestyle and the money he is spending tell you about what he must be earning? This is nothing new - the court will have seen it many, many times ...

    See question 
  • Will this change the support order?

    My ex got caught up on child support and I filed paper work to have his support modified from 25$ to an appropriate amount. Well I thought I'd be nice and let him know that i filed. Within a week he let me know that he lost his job. He had been wo...

    Christopher’s Answer

    If he is receiving unemployment benefits, the money he receives is income for purposes of calculating his child support obligation.

    If the court determines he quit his job to pay less in child support, the amount he was making can be imputed to him by the court, that is, the court can order him to pay support as if he was still employed at his previous salary.

    See question 
  • How can we use "gifts" as income in a child support case in NY and can they lower my CS based on these findings?

    I was laid off from my position and petitioned the court for a downward mod. My ex-wife is trying to prove I was fired for cause which will not be the case. She submitted her FDA saying her checking/savings varied, multiple expenses and no other ...

    Christopher’s Answer

    As my colleague suggests, yours is a complicated matter with much at stake. A site like Avvo cannot take the place of face-to-face interaction with a qualified attorney. He or she can take all of your information and show you how it can be applied to the law to arrive at your desired result. I suggest you consult with and retain such an attorney as soon as you are able.

    best of luck to you.

    See question