Petitioning Family Court for Establishment of Child Support payments in NY

by Anne
(Kingston, NY, USA)


I understand the process of petitioning the Family Court in NY State to establish child support payments, but am wondering if it is possible for the PAYOR (in this case the much-harassed father of the child) to do the petitioning.

Here's the situation: My significant other's ex (legally separated for almost 3 years but not yet divorced) is constantly harassing him for more and more money that goes way above and beyond the amount agreed upon in their legal separation agreement. She always threatens to got o court but never does as he cannot afford to pay what she demands. As it is, the amount he does pay is about 28% of his not-very-high current salary of $37,000- gross income. In NY the standard amount for one child is 17% plus extra (if any)educational, health-care not covered by insurance and extra child-care expenses...

Is it possible for him to petition the family court to establish child support payments for him to pay, ordered by the court, rather than what he pays according to the legal separation agreement (which, I believe would change once divorce is officially filed it is an "interim agreement for the time they are separated prior to actually getting the divorce)?

He also would like the judge to order the mother to enroll the child in NYS Child Health-care Plus as his job does not offer a family insurance plan and she is a self-employed licensed psychologist with a private practice and does not have the child insured. He has requested she do this as only the custodial parent may apply according to the rules but she refuses saying "his health-care needs are met" which is fine until he breaks a leg or has an emergency as many 11 year olds are apt to have happen. Is this possible and reasonable since heath-care coverage is a part of child support? He is willing to pay for it. Any ideas?

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