Child support payments are made by one of a child’s parents to the other parent to pay for their needs, such as health care, child care, and other necessary expenses. One parent may also be ordered to pay for the child’s health insurance if the rate is affordable.
Parents or custodians may file a petition for child support in family court. A parent may also request child support in a divorce case in the Supreme Court.
In an active divorce case, a child support petition in family court may be transferred to the Supreme Court, unless it is a Social Services petition because the child receives public assistance. It is important to note that both of the parents may have a lawyer during a child support petition in family court. However, they are not entitled to have one assigned to them if they cannot afford one unless one of the parents is accused of violating an existing order.
During court appearances, the parents will have the opportunity to reach a child support agreement, if possible. The family court will also advise the parents of the guideline amount of support depending on their incomes.
The family court can issue both temporary and final orders. If the parents do not reach an agreement, the court will hold a trial.
If one of the parents does not appear in court, the court may issue a warrant for that parent’s arrest or issue a default order. If one of the parents resides far away from the court, they can request to attend the hearing by telephone.
If an individual has any questions regarding child support in New York or ways they can attend a hearing, they should consult with a local New York lawyer.
Who Gets Child Support in NY?
The parent or individual who resides with the child more than half of the time may receive child support from the other parent. If a child resides with each parent equally, there may still be a child support order in place.
This order will provide for healthcare expenses, daycare costs, and additional support to the parent who has a lower income.
How Much Is Child Support in NY?
Calculating child support in New York is done by comparing the incomes of both of the parents and then subtracting certain applicable deductions. The amount of child support that will be paid is calculated based on a percentage of the paying parent’s income.
The percentage will change depending on the number of children the parents have together. Even if the parents equally split child custody, New York law requires that the parent who has the higher income pays child support to share a proportional burden of the costs of raising the child.
If custody is not evenly split, the court will determine a fair child support division. For example, the parent who pays child support may spend three days a week with the child. In this case, that parent will not be required to pay the full amount of child support.
In some cases, a paying parent may be required to pay retroactive child support, which is child support that was owed but was not paid in the past.
How Do I File a Child Support Petition?
Typically, child support is calculated and awarded during a legal separation or divorce case. If this does not occur, an individual may go to family court and file a petition for child support.
Once an individual files their petition, they are required to serve a copy and summons on the other parent. The other parent will be required to provide information about their finances.
An individual may also complete an Application for Child Support Services through their local child support office. In order to obtain child support through either process, an individual will be required to provide certain documents, including:
- The child’s birth certificate;
- A divorce decree or legal separation agreement if the individual was married;
- An affidavit alleging paternity; and
- Pay stubs.
How Does the Court Decide on Child Support?
The New York court system applies a formula to determine child support according to the guidelines. An individual is entitled to be provided a copy of the guidelines income chart.
The court will first determine the income of each parent, including:
It is important to note that income does not include Supplemental Security Income. A court will subtract from an individual’s income any child support that is already being paid for other children, as well as certain taxes.
The court will add the income of both of the parents together and multiply that combined income by a percentage based on the number of children as follows:
- 17% for one child;
25% for two children;
29% for three children;
31% for four children; and
35% for five or more children.
The court will then divide that number based on each of the parent’s incomes so that the non-custodial parent will pay their share to the custodial parent. The court will then determine whether the amount calculated is just.
In order to do so, the court will examine several factors. In some cases, the court may lower the amount of child support to $25 or $50 per month if the calculated amount would lower the non-custodial parent’s income too much.
What Are the Consequences of Not Paying Child Support?
If an individual refuses to pay child support that the court ordered, they may face serious legal consequences, including a wage garnishment.
Other potential for non-payment of child support include:
- Their bank accounts can be seized;
- Their tax refunds can be seized;
- Liens can be put against their property, including personal property, real estate, and investments;
- Their property can be seized and sold to pay the child support debt;
- They can lose their passport;
- They can lose their driver’s license;
- They can lose any professional license they may have;
- Their lack of payment can be reported to credit score companies; and
- They are at risk of going to jail for contempt of court.
What Is the Law on Garnishment of Wages?
When a parent has a difficult time collecting child support payments from the other parent, the court may order a wage garnishment. A wage garnishment is a court order issued to the employer of the paying parent.
In this order, the court instructs an employer to take a portion of the parent’s paycheck and send that amount to the court to fulfill their required payments. In some cases, an employer may send these payments to a separate intermediary agency that then processes them.
In many cases, the payments are taken out on a weekly basis. It may be up to the discretion of the employer to determine the exact amount that should be taken out and the duration of deductions until the required amount is paid off.
A wage garnishment for child support is usually reserved for situations where there are multiple missed payments, and a large amount of child support remains unpaid.
Can the Other Parent Deny My Visitation?
No, the other parent cannot deny visitation based on non-payment of child support, even if the paying parent is behind on their payments. This is because visitation rights do not depend on child support.
An individual might not be able to satisfy their child support payments. If this is the case, they may petition the court for a modification if they are between jobs, otherwise out of work, or cannot afford their monthly bills. Refusal to pay, however, is a different scenario that harms the child.
The paying parent could refuse to make child support payments in order to spite the receiving parent. If so, it may end up affecting their visitation rights, as it reflects on their willingness to provide for their child.
How Can I Stop Paying Child Support?
If an individual believes they should not be making child support payments, they should consult with an attorney and go through the court system to terminate child support. As discussed above, non-payment of support can lead to serious consequences.
Child support automatically ends when:
- The child turns 21;
- The child becomes emancipated;
- The child enters the military;
- The child gets married; or
- The paying parent becomes the custodial parent.
Child support can also be terminated if the parties agree. However, the agreement must still be approved by a court.
It is important to note that, in some cases, child support cannot be terminated even by agreement because child support monies are considered to belong to the child and not the parent. This means that the custodial parent cannot agree to terminate the child support because they are not the owner.
When Do I Need to Contact a Lawyer?
If you have any issues, questions, or concerns related to child support in New York, you should consult with a New York child support attorney. It is important to have an attorney involved in the issue as soon as you can to ensure that your rights are protected and your payments are fair.
Child support issues can be emotional for all parties involved, and having a lawyer on your case will help you navigate what can be a difficult situation. The other parent may not be cordial to you but may be more willing to consider negotiating with your attorney instead.
