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Robert B. Pollack
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Robert Pollack’s Answers

138 total


  • Child support modification

    Can I modify my child support to include half of medical I carry medical insurance on her he pays a 100 week one week nothing the next week Can I add that he pays half of medical bills or is that asking for too much

    Robert’s Answer

    Reasonable uncovered medical expenses are an add-on expense in NY. You can request a modification to have these covered if they were not ordered in the original order.

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  • My 17 year old daughter was being supported by my boy-friend since she was 9 months young.

    He no longer wants to help support her. He has claimed her on taxes. She will not make it though college without the help. Can i file for support? He earns $80,000 Annual.

    Robert’s Answer

    You can file for support from the child's father. A court may or may not award college expenses, however NY law requires child support through age 21 which is longer than in many states.

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  • If I'm paying child care directly to my ex but my child stops going to daycare am I able to go to court to change the order?

    Child support case is already settled but I'm not sure If my child is going to continue daycare or not.

    Robert’s Answer

    Childcare is generally an add on expense so unless your decree says otherwise then you only have to pay your share of childcare if the child is in work or education related childcare. You should seek the assistance of an attorney to review your agreement. Usually the custodial parent has to provide receipts to the noncustodial parent to establish the childcare expense.

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  • Can an 18 yr.old who refuses to live home, collect child support?

    My 18 yr old was caught sneaking out and doing drugs. He would rather live elsewhere and the adult who he is living with wants to take me to court for child support. My son is choosing to live elsewhere where they do not enforce the rules and va...

    Robert’s Answer

    A non parent could file a guardianship petition and then request child support based on that if the court determines that a non parent is the best custodian. Courts have a preference for fit parents however, and your 18 year old does not have a free ability to choose who to live with and who will receive child support on his behalf.

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  • Can a child support order by default be modified just 2 months of it being written?

    In May a support magistrate made an order by default because my son's father had to be thrown out of the courtroom because he refused to follow the court's rules and continuously disrupted the proceedings. He then filed a modification petition. Hi...

    Robert’s Answer

    The fact that he has more visitation time is not relevant to child support. If the parents were spending roughly equal time with the children and he wanted to petition for a change to joint physical custody that is possible, however he would have to establish why that would be in the best interests of the children and what had changed since the last order. Courts like to maintain the status quo for the children unless there is a good reason to change a custodial arrangement.

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  • If I have to go to court every time I get a new job does it always go retro active for child support?

    Just settled a child support case.

    Robert’s Answer

    It is unclear what your questions is, but if you are asking whether the new child support amount is retroactive to the date of filing the answer is yes.

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  • My "son" is really the son of my brother. Does he have liability?

    For child support, etc. I paid years of child support.

    Robert’s Answer

    A child's parents bear financial responsibility for their child. However, until someone files to receive child support the person is not obligated by court order to pay. A person also has to have standing to file a petition for child support. Do you have guardianship?

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  • Is Child Support considered an income in NY?

    Thank you.

    Robert’s Answer

    For what purpose? You do not pay federal or state tax on it if that is the focus of your question.

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  • If my wife would take my son off her cash assistance case would I be off child support?

    I'm on child support for no reason .i do support my son even my wife knows that . She wasn't the one to bring me to court it was the department of social services. I thought child support was for guys that don't support there kids .

    Robert’s Answer

    When a child is on public assistance, the state may initiate a proceeding to recoup support from a parent.

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  • For Affidavit what amount should I put for clothing and food expenses for 2 children per week? I did not keep receipts.

    I am the custodial parent and have to fill out financial affidavit and currently live with my parents but am looking for housing. For rent portion, do I put my parents rent amount or future rent amount for housing?

    Robert’s Answer

    You will have to make your best estimate of what you spend on clothing and food. No one else can tell you what you spend. Do you have bank statements that may assist you? As far as your housing with your parents, you will need to disclose it and estimate the value of your use of the house which is not their total rent amount.

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