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I have residential custody of my son, and exwife never sees him can i get support for him, we have joint custody

Calverton, NY |

My exwife took me to court to try and get sole custody of 3 kids we have when we had joint custody , she was denied and my oldest son was emergency removed from her. Since then i now have residential custody. We still have joint of all 3 and there is no child support on either side, i spent almost 120k on court fees amd now only get ss disabilty. His mother never sees him when she is suppose to. I am broke because of court fees and get no help with him but take care of needs for other 2 kids. Can i get support she makes over 130k a year and puts not a dime towards him also she took my ss disability for 2 other kids when she was suppose to get half. I cant afford anymore lawyers fees and still owe 18k . Is there anything i can do.

Attorney Answers 5


  1. Best answer

    You are entitled, if you have true residency of the child, to 17% roughly of all her income and proportionate contribution to day care expenses, if any, unreimbursed medical, contribution to medical premiums and similar out of pocket expenses. Proceed to Support court (family court) and file a petition.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  2. If you have primary residential custody, then you should file for child support. with the income disparity, she will likely pay a fair amount. It sounds like she will be able to afford counsel---who will do his or her best to frustrate the process and overwhelm you with discovery demands if you are representing yourself. It would be wise to hire an attorney. If you absolutely can't afford one, get all of you financial documents and paperwork in order. Set up a nicely organized notebook or folder with all of your documents, and be prepared to present your case.

    Best of luck with everything.


  3. If yiu have residential custody, then file for child support and you will get it through the court system. It takes time but follow through and yiur ex will have to pay.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  4. If you have the children more than 50% of the time, you can seek child support.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>


  5. If you have residential custody you are entitled to child support.
    Howard E. Knispel, Esq.
    Commack, NY
    631-864-7589

    The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589