Retroactive child support payments in New York refer to the payment of child support that was owed but not paid in the past. It is a method of ensuring that the child gets the financial assistance to which they are entitled, even if it was not paid on time.
New York Child support laws compel both parents to support their children financially until they reach the age of 21. Child support is estimated using a formula that considers criteria such as both parents’ income, the number of children, and any special needs of the child.
New York child support lawyers may assist parents in navigating the complexity of the child support system, such as determining the right amount of child support, changing child support orders, and enforcing child support orders.
When Can I Collect Retroactive Child Support Payments In New York?
In New York, child support may be collected retroactively for up to two years before the child support petition is filed with the court. But, if the court decides that there was a deliberate failure to pay child support or if the child has a significant physical, emotional, or mental condition that demands more assistance, the court may award a longer period of retroactive child support. It is crucial to remember that retroactive child support is not guaranteed and is at the court’s discretion under New York state back child support laws.
Can I Receive Retroactive Child Payments to The Birth of The Child?
Back child support in New York may be made for up to two years before the child support petition is filed with the court. But, under rare instances, the court may award retroactive child support beyond the two-year term.
In determining whether to award retroactive child support after the two-year period, the court will look at several issues, including the reasons for the delay in seeking child support, the needs of the child, and the capacity of the non-custodial parent to pay. The court may also consider whether the non-custodial parent knew of the child’s existence and refused to give support or if the custodial parent kept the child’s existence from the non-custodial parent.
It is vital to understand that there are no New York back child support statutes of limitations. This implies that the custodial parent may demand retroactive child support anytime, even if the child was born many years ago. Nonetheless, the court will still examine the above-mentioned criteria when considering whether to extend the two-year period for child support.
How Much Retroactive Child Support Payments Is The Non-Custodial Parent Eligible For?
In New York, the amount of retroactive child support payments that a non-custodial parent may be required to pay is calculated by a formula that considers both parents’ salaries and the number of children for whom support is sought. The formula is applied to the income of the non-custodial parent during the time period in issue, and the resultant amount is modified to reflect any particular circumstances or requirements of the child.
In general, child support modification in New York may be changed if there has been a significant change in circumstances that impacts the kid’s financial requirements or either parent’s capacity to pay. These might include changes in the child’s income, custody, or housing arrangements or changes in the child’s medical or educational requirements.
To amend a child support order in New York, a parent must submit a petition to the court and establish a significant change in circumstances.
What Kinds of Expenses Can I Get a Special Award For?
In addition to basic child support payments, New York law allows for exceptional awards to compensate expenditures not covered by the standard child support formula. They might involve costs such as:
- Child care costs: If the custodial parent needs child care to work or attend school, the non-custodial parent may be forced to pay the expense of child care.
- Educational expenditures: If the court determines that such expenses are in the best interests of the child, a non-custodial parent may be compelled to pay the cost of private school tuition, tutoring, or other educational expenses.
- Medical expenditures: A non-custodial parent may be required to pay the cost of the child’s uninsured medical or dental bills.
- Extracurricular activities: If the court determines that such activities are in the child’s best interests, a non-custodial parent may be required to pay for the expense of the kid’s extracurricular activities, such as athletics or music classes.
It is crucial to remember that extraordinary awards are not automatically given in New York, and the court will evaluate several circumstances before deciding whether to award them. They may include each parent’s financial resources, the child’s requirements, and the child’s overall best interests.
Will Retroactive Child Support Reduce Future Payments?
Retroactive child support payments in New York do not normally lower future child support obligations. This is because retroactive child support is meant to cover the period before the filing of a child support order, while future child support payments are intended to cover the child’s continuing maintenance.
If the retroactive child support payment is a lump sum, the court may consider it when computing future child support obligations. The court may cut future child support payments in such circumstances to ensure that the total child support obligation is fair and acceptable.
What If Retroactive Child Support Payments Are Not Paid?
There might be substantial penalties if a non-custodial parent fails to make retroactive child support payments as directed by the court. The custodial parent may attempt to have the court’s order enforced in different ways, such as wage garnishment, seizure of bank accounts or other assets, or suspension of the non-custodial parent’s driver’s license or professional license. The non-custodial parent may also be held in contempt of court, which may result in fines or even prison time.
Moreover, failing to pay retroactive child support may have a negative effect on the non-custodial parent’s credit rating and future ability to acquire loans or credit. To prevent these and other negative repercussions, both parents must take their child support duties seriously and follow court instructions.
Do I Need a Family Lawyer to Collect Retroactive Child Support?
If you are dealing with a child support problem in New York, you should seek the counsel and assistance of an experienced child support lawyer. A New York child support lawyer can help you navigate the complicated New York child support rules and safeguard your rights and interests.
A child support lawyer may help with various child support concerns, including creating child support orders, revising existing orders, enforcing orders, and dealing with difficulties like retroactive child support payments and special awards. They may also advise and represent you in court and talk with the other parent or their attorney.
If you need the assistance of a New York child support lawyer, do some research to find a reputable and experienced attorney in your area.
You can also ask for referrals from friends, family, or other legal professionals.
Contacting a lawyer through LegalMatch for a free consultation is the first step in getting the help and guidance you need to resolve your child support issues. Use LegalMatch to find the right lawyer for your child support needs today.
