Custodial Parent Determination Guide

Summary

Custodial arrangements for a 20-year-old in New York State are typically defined by court orders or custody agreements made when the child was a minor. At 20, the person is legally an adult, and childhood custody terms generally no longer apply. If there was a previous custody agreement or court order, it would have been documented. The Judgment of Divorce is the final, legally binding document, while the Finding of Fact contains the courts reasoning. If there is a discrepancy, the judgment typically prevails. A judge can modify a stipulation order if there is a significant change in circumstances or if it is in the best interest of the child. To file for a modification, submit a petition in Family Court, provide evidence of significant changes, and attend a court hearing. Evidence can include tax documents, pay stubs, bank statements, and employment records.

Full Conversation

Yes on stipulations
Thank you for confirming. Here is some general information regarding custodial and non-custodial parents in New York State:
- Custodial arrangements are usually defined by court orders or custody agreements.
- At 20 years old, the person is legally an adult, and childhood custody terms generally no longer apply.
- If stipulations or agreements were in place, they would have been documented in a court order.
If you need further assistance, please provide more details or specify what information you are looking for.
How can I share the picture of order
In order to share the picture of the order for further assistance, you might consider reaching out to an attorney or legal aid service directly. Many legal professionals and services accept scanned documents via email or through their secure client portals.
Would you like information on nearby legal aid services or attorneys in your area? If yes, please provide your location.
I mean over here instead write
I apologize for any confusion. Could you please clarify what specific information or assistance you need? Are you looking for details on how to share a court order, or would you like information about legal aid services or attorneys in your area? If so, could you provide your location?
I am trying to insert picture of order instead of writing
I understand now. Unfortunately, this platform doesn't support picture uploads directly. However, I can help you with general information based on the content of your order. Could you describe the main points or stipulations in the order, or specify what particular information you need assistance with?
Could you please explain what it says who is getting child support plaintiff or defendant??Defendant shall pay to Plaintiff, as and for child support, the sum of $*,*.* per year or $*.* monthly, commencing September *, * through the Support Collection Unit. The amount of child support agreed to deviates from the non-custodial parent's basic child support obligation for the following reasons: basic child support obligation, and the court finds said amount to be just and appropriate.
In the order you shared, the Defendant is required to pay child support to the Plaintiff.
- **Defendant**: Pays child support.
- **Plaintiff**: Receives child support.
If you need further assistance, feel free to ask!
But then it says on judgement of divorce *
It seems you are referencing a specific section of your divorce judgment. To provide accurate information, could you clarify what "judgment of divorce *" refers to or provide more context about this part of the document?
Which one I should follow Finding of fact or judgement of divorce
Thank you for your detailed information. To guide you better, a couple of clarifications are needed:
- Are both the "Finding of Fact" and the "Judgment of Divorce" issued by the same court?
- Is there any conflicting information between these two documents?
This clarification will help provide accurate guidance.
Yes
Great, thank you for confirming. Generally, the "Judgment of Divorce" is the final, legally binding document, while the "Finding of Fact" contains the court's reasoning.
- **Judgment of Divorce**: Legally binding final document.
- **Finding of Fact**: Court’s reasoning and background.
If there are any discrepancies or if you need further clarification, it may be best to consult an attorney. Would you like information on nearby legal aid services or attorneys in your area?
If finding of facts says defendant should pay child support to plaintiff can judgments of divorce can say opposite
Thank you for the detailed information. Generally, the "Judgment of Divorce" is the final, legally binding document. If there is a discrepancy between the "Finding of Fact" and the "Judgment of Divorce," the judgment typically prevails.
Would you like information on nearby legal aid services or attorneys in your area for further assistance?
What is that mean
It seems you are seeking clarification on the legal terminology and documents mentioned. Here’s a simplified explanation:
- **Finding of Fact**: This document outlines the court's reasoning and findings during the case.
- **Judgment of Divorce**: This is the final, legally binding document that dictates the terms of the divorce, including child support.
If there is a conflict, the **Judgment of Divorce** usually takes precedence.
Is there anything specific you need help with in these documents?
Can judge change the stipulation order signed 7 years ago
A judge can modify a stipulation order if there is a significant change in circumstances or if it is in the best interest of the parties involved.
- **Significant Change in Circumstances**: Changes in financial status, employment, or health.
- **Best Interest of the Child**: Considerations related to the child's welfare.
Would you like information on how to file for a modification in New York State?
Yes please
To file for a modification in New York State, you generally need to follow these steps:
- **File a Petition**: Submit a petition for modification in Family Court.
- **Show Evidence**: Provide evidence of a significant change in circumstances.
- **Court Hearing**: Attend a court hearing where a judge will review your request.
Would you like details on the nearest Family Court in your area?
So which means above on finding of fact defendants should pay plaintiffs child support could change deviates on judgement of divorce eve though signed stipulations
Yes, the "Judgment of Divorce" can override previous stipulations if there has been a significant change in circumstances or if it serves the best interest of the child. The judgment is the final, legally binding document.
Would you like assistance with the process of filing for a modification or information on the nearest Family Court in your area?
On finding of facts on above and judgement of divorce says; that defendant shall pay to plaintiff as and for the support of the parties I emancipated child of the marriage namely Orc. Koz the sum of $*.* per month commencing September *,* which is to be paid through the NYS child support processing center pi box etc. Together with such dollar amount or percentage of child care,education,health care as set forth below in accordance with the parties stipulation. The NYS child support collection unit shall calculate and collect the retroactive amount with is due and owing and it is further the basic support obligation as defined in DRL sec. (*-b)presumptively results in the correct amount of child support to be awarded and the amount attributable to the non custodial parent is $*,*.* per month the amount of child support agreed to in this action deviates from the amount attributable to the non custodial parent and the court has approved of such agreed upon amount based upon the reason set forth in the findings of fact and conclusions of law which are incorporated herein by reference and it is further…so who gets the child support???
Based on the information provided:
- **Defendant**: Pays child support.
- **Plaintiff**: Receives child support.
The "Judgment of Divorce" specifies that the defendant (non-custodial parent) is to pay child support to the plaintiff (custodial parent).
Would you like further assistance with any specific questions or details on the nearest Family Court in your area?
So judge did not change the order
It appears the judge did not alter the original stipulation order. The "Judgment of Divorce" confirms that the defendant must pay child support to the plaintiff.
Would you like more information on how to proceed or details on the nearest Family Court in your area?
Is it $* or $*.*
To clarify, the "Judgment of Divorce" states two amounts:
- **$* per month**: This is the agreed amount based on the stipulation.
- **$*,*.* per month**: This is the presumptive amount based on New York guidelines.
The court-approved deviation means the defendant pays **$* per month**.
Would you like further assistance or details on the nearest Family Court in your area?
So need a modification order to get *
To seek a modification to adjust the child support amount to $*,*.*, you will need to:
- **File a Petition**: Submit a petition for modification in Family Court.
- **Show Evidence**: Demonstrate a significant change in circumstances.
- **Court Hearing**: Attend a court hearing for the judge to review your request.
Would you like details on the nearest Family Court in your area?
But judge already seeing significant of change on finding of fact that defendant makes significantly more
It sounds like you believe there has already been a significant change in circumstances regarding the defendant's income. This could be grounds for a modification.
- **File a Petition**: Submit a petition for modification in Family Court.
- **Show Evidence**: Present evidence of the significant income increase.
- **Court Hearing**: Attend a hearing for the judge's decision.
Would you like information on the nearest Family Court in your area?
Where do you get petition
You can obtain a petition for modification at the Family Court in your area.
Could you please provide your location so I can give you details on the nearest Family Court?
You just ask the family court so they will give you
Sure, you can obtain a petition for modification at the Family Court. Here is a typical process:
*. **Visit the Family Court**: Go to your local Family Court to request the petition.
*. **Complete the Petition**: Fill out the form with your details and the reasons for the modification.
*. **Submit the Petition**: File the completed petition with the court clerk.
Would you like details on the nearest Family Court in your area?
What kind of evidence?? Like tax documents
To support your petition for modification, you can provide evidence such as:
- **Tax Documents**: Recent tax returns.
- **Pay Stubs**: Showing current income.
- **Bank Statements**: Reflecting financial changes.
- **Employment Records**: Indicating new job or salary changes.
- **Medical Bills**: If related to health changes.
Would you like details on the nearest Family Court in your area?