|
|
|
The Guide To Divorce and Family Law In New York was written to help you understand how New York Courts work. It is not intended to be legal advice or a substitute for a divorce lawyer, merely a guide to help you understand your needs and what you may be facing as your case moves along in court.
We recommend that you retain the services of a competent divorce and family lawyer to defend you and your children. Call a family lawyer at (800) 391-8392.
|
When parents separate, the parent who has custody may file a petition for child support from the non-custodial parent. This guide will answer the following questions:
How Do I File For Child Support?
Child Support and Visitation Rights
Why Do I Need A Family Lawyer?
Documents To Bring To Court
How Much Is Child Support?
Raising Or Lowering Child Support
How Do I File For Child Support
A parent who has physical custody of the child, but not legal custody, may also get child support. Please visit the custody section of this guide to learn about your custody and visitation rights.
If the child’s parents are involved in a divorce, the a petition must be filed together with the divorce in the Supreme Court and not in Family Court. If the parents are not presently engaged in divorce proceedings, then the petition must be filed in Family Court. If a child support or custody order was issued in Supreme Court, the order to change must also be filed in Family Court so long as the divorce proceedings have ended.
Non-emancipated children may also file against their parents for child support to take care of their financial needs. The Department of Social Services may file a petition against the non-custodial parent for child support for children in foster care or on public assistance.
Child Support and Visitation Rights
Even if you do not have the right to visit your children, you must still pay child support. Child support obligations and child visitation rights are not linked to one another.
Why Do I Need A Family Lawyer?
It is strongly recommended that parties hire attorneys to represent them in all court proceedings to protect their interests. People are generally not entitled to a free lawyer in child support proceedings, unless there’s a possibility of a jail sentence for failure to pay child support.
Documents To Bring To Court
The parties must provide copies of their most recently filed tax returns, recent pay stubs, a completed financial-disclosure statement showing their earnings and expenses, copies of the lease, bills for electricity and gas, medical costs and insurance information, as well as education and child care expenses.
How Much Is Child Support?
The amount of child support depends on the parents’ income:
• 17% of the combined parental income for one child;
• 25% of the combined parental income for two children;
• 29% of the combined parental income for three children;
• 31% of the combined parental income for four children; and
• no less than 35% of the combined parental income for five or more children.
In reality, the only thing that matters is the income of the non-custodial parent, who must pay a certain percentage of their salary to the custodial parent. While in theory both parents must spend 17% (or 25%, 29%, 31%, etc.), since it is the non-custodial parent who gives money to the custodial parent, that’s the only person whose income matters. If your annual salary is $50,000 and you have one child, you will pay $8,500 no matter whether the custodial parent is making $500,000 a year or nothing at all.
If you have two children with two different people, you must pay 17% for each child. Likewise, if you have two children each with two different people, you must pay 25% to each of the two parents of your four children. If you are already paying child support and another person is demanding child support for your other children, you may get credit for your present payments, thus reducing your child support burden.
Additionally, parents may be required to split other costs, such as medical expenses (including any co-pays required by the insurance company), baby-sitting, summer camp, private school and much more.
When permanent child support may not be issued immediately, the magistrate may issue temporary child support.
How Do I Collect Child Support
Payments may be paid directly to the custodial parent or to the Support Collections Unit (“SCU”). SCU will then send the money to the custodial parent. Payments may be directly withdrawn from a salary in some cases.
Non-Payment Of Child Support
A “violation petition” may be filed against a person who’s not complying with the child support order. The petition may ask the court to take action against that party. A hearing is then held to decide whether the respondent is indeed in violation. The support magistrate may enforce the order by ordering the SCU to take the payments directly from the respondent’s paycheck, by ordering the respondent to pay a lump sum to reduce the amount of money owed to the custodial parent, or by taking other steps to collect the money owed, such as suspending the respondents driver’s, professional, and business licenses. Additionally, a jail sentence of up to 6 months may be imposed.
Raising Or Lowering Child Support
If there is a change in circumstances – such as job loss, increased or decreased salary – both parties may petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change in circumstances. The court then holds a hearing to consider changing the order.
It is very important to file to change the child support order if you lose all or part of your income. In New York state, arrears cannot be changed prior to the filing of the petition. That means that if you wait several months to file to change the order after you’ve lost your job, you will still be responsible for the ordered child support, even if you will have no way to pay. The magistrate will not be able to help you by relieving your responsibility for arrears prior to the filing of the petition, no matter the circumstances.
|
|
