Payments that are made for child support in New York, just as in other states, may be significant in cost. Due to this, many people hope that they can drop or discontinue these payments as soon as possible.
Although many people assume that the payments will terminate automatically once certain conditions are met, this is not actually always the case. An individual’s child support payment obligations may be terminated if the child:
- Reaches the age of majority
- Passes away
- Gets married
- Leaves for undergraduate studies
There are situations in which child support payments will continue once a child reaches the age of majority, such as if they are disabled. In the State of New York, children are entitled to be supported by their parents until they are 21 years of age.
If, however, other conditions are met when the child is under 21 years of age, the child will be considered emancipated, and the support obligation will end, including:
- The child gets married
- The child becomes self-supporting
- The child is in the military
In certain cases, the child may also be considered to be emancipated if they are between the ages of 17 and 21 and they leave their parent’s home and refuse to obey their parents’ reasonable commands. If a child does become emancipated, they are able to manage their own affairs and are self-supporting, the paying parent may be able to terminate their child support payments.
Once an individual’s child meets any of the requirements listed above, they should consult with a local attorney in New York to stop child support. It is important for an individual to be aware that they cannot stop making child support payments until there is a court order stating that they are no longer required to make payments.
When Is Child Support Ordered?
When parents in the state of New York divorce or separate, the court may order them to fulfill their legal obligation to their child by making child support payments, often monthly, for the minor child’s benefit. These payments will be made to provide for the basic needs of the child, such as clothing, housing, and food.
Generally, every state has its own unique guidelines that provide formulas and frameworks for calculating child support. Typically, this calculation will be based on the annual gross income of each of the parents.
There are certain issues that are reviewed by a court before it issues a child support payment order. It is important to note that these child support payments are not intended for the receiving parent or the custodial parent to use in order to cover their own expenses.
Custodial parents are the ones with whom the child resides the majority of the time. Non-custodial parents are the parents who do not reside with the child.
In some situations, retroactive child support may be ordered if a non-custodial parent has not paid child support previously. If the paying parent has a reason to terminate their child support payments, it is important for them to consult with a lawyer and file a petition to terminate their payments.
The court will issue a decision based on the best interests of the child and whether or not the continuation of child support payments is necessary.
How Is a Child Support Award Enforced?
If the court issues a child support order, the order will be legally binding on both of the parents regarding any child support payments. This means that the child support order will be legally enforceable.
If the parent who is supposed to make payments refuses to pay, the receiving parent can consult with a local family lawyer to help enforce the child support order. If the parent who is supposed to make payments still does not make the payments, they can face serious consequences, such as:
- Suspension of a business license
- Imprisonment
- Seizure of property
A child support order can also be enforced in a different state if a paying parent moves out of the state. The Uniform Interstate Family Support Act (UIFSA) provides options that a parent may have if they are attempting to enforce child support payments in different states.
How Can I Avoid a Child Support Increase?
Child support payments may be increased if proof is provided of certain substantial changes in circumstances. This means that the paying or receiving parent may request a modification of their child support order based on changes in circumstances, such as:
- Changes in income: If the parent who has to pay support has had an income change due to:
- reduced working hours
- a new job
- other reasons
- Custody or visitation changes: If there are significant changes in child custody or visitation.
- This can apply if primary custody changes or the parent who is obligated to make child support payments are awarded greater custody.
- Family size changes: If the size of the family changes for the parent who is obligated to make support payments.
- Medical emergencies or unexpected needs: If a child or parent has an unexpected change in needs, such as a medical emergency.
- Deployment or incarceration: Incarceration or deployment in the military of the paying parent.
After these factors are examined, a court may change or modify the current child support order to reflect the changes in circumstances. A paying parent can ensure their child support payments are not increased unfairly.
In order to do this, the paying parent should consult with a local lawyer for options. The court will follow the child’s best interests standard to determine the amount of child support payments. This includes a review of factors, such as:
- The child’s well-being
- Mental state
- Religious or cultural preferences
- Their physical state
How Can I Stop Paying Child Support?
The parents cannot agree to waive child support payments. To stop paying child support, the individual will be required to show that there was a material change in circumstances since the child support order was issued.
For example, if the paying parent is awarded primary custody of the child, they may petition the court to terminate their payment obligation. There may also be other reasons to close a child support case, such as those noted above.
Do Child Support Payments End Automatically?
Child support payments typically do not end automatically. An individual should consult with a local New York lawyer for information on how to stop child support in their specific situation.
How to Get Child Support Arrears Dismissed
Child support arrears are child support amounts that are owed by the paying parent. The parent who receives child support can seek assistance from law enforcement or governmental agencies to assist them in collecting child support.
All states have law enforcement departments or government agencies that enforce child support orders and help individuals collect past-due child support. A lawyer can help someone file a motion to dismiss child support arrears as well assist with other related issues involving child support.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are interested in determining whether you are eligible to terminate your child support payments or if you want to know if your child’s other parent may be able to terminate their support payments, it is important to reach out to a New York child support lawyer. If you are the paying parent and you are eligible, your lawyer will file a petition in the proper court on your behalf to terminate your payment obligation.
A court may have a hearing to allow the parties to present proof that the required event occurred or the proper criteria were met. Your attorney will present evidence on your behalf, no matter which party you are, during this hearing.
It is essential if you are the paying parent that you continue to make any required payments until the court issues an order that says you are no longer required to do so. Your attorney can also help if you are having problems making your payments or if you are not receiving payments from the child’s other parent.
