Helping New York Parents Understand And Handle Child Support
Parents must financially support their children until they become legal adults – even when they’re no longer together. Divorced parents typically meet these financial obligations through child support. Many factors can determine which parent pays child support, how much they pay and for how long. Reaching an agreement on these matters can require help from experienced legal professionals.
The lawyers at Fersch LLC can help advocate for parents and their children’s best interests when it comes to paying or receiving child support payments.
How Child Support Works In New York
New York follows the Child Support Standards Act to determine who pays and receives.
This is based on a basic formula that looks at the incomes of both parents to determine the contributions that they should be making toward the child’s upbringing to cover essential things such as food, clothing and shelter. In addition to this, there are add-on charges that can be included. Child care and medical expenses are two add-ons that have been established by statute. Additional add-ons such as extracurricular activities, private school, and tutoring are examples of discretionary add-ons which a judge may add to the child support arrangement.
The CSSA places a limit on the total parental income that can be considered, but child support payments may exceed this limit. Parents’ circumstances can change, which may require adjusting child support payments. We can help you make those requests for adjustments when necessary to ensure that support payments remain fair and manageable.
What If The Parents Aren’t Married?
According to New York State law, a child born to unmarried parents has no legal father. Voluntary Acknowledgment of Paternity (AOP) is a legal process through which paternity, or legal fatherhood, can be established. If parents are not eligible for voluntary Acknowledgment of Paternity, they can establish paternity by filing a paternity petition in Family Court.
New York Child Support FAQs
Due to the possibility that unforeseen legal circumstances may arise, it is essential to understand the child support laws in New York. As experienced family law attorneys, we have handled numerous child support cases and are here to clarify some of the most frequently asked questions to help you confidently navigate this challenging family law matter.
How long does child support last?
Child support in New York typically continues until the child reaches 21 years of age. However, there are exceptions to this rule. If the child becomes emancipated before age 21, support may end earlier. Emancipation can occur if the child:
- Gets married
- Becomes self-supporting
- Joins the military
- Is between 17 and 21, and leaves home, refusing to obey reasonable parental commands
In some cases, support may extend beyond 21 if agreed upon in a divorce settlement or if the child has special needs. It is important to note that each situation is unique, and the specific circumstances of your case may affect the duration of child support payments.
Does a divorced parent have to pay for college?
You are not automatically obliged to contribute to your child’s college expenses in New York. The obligation to pay for college often depends on what terms are outlined in the divorce settlement. If the settlement contains language explicitly stating that each parent will contribute to college costs, the law requires them to do so.
However, a court may sometimes order parents to contribute to college expenses even without a specific agreement. Factors considered may include:
- The parent’s financial resources
- The child’s academic abilities and aspirations
- The standard of living the child would have enjoyed if the marriage had not been dissolved
- The financial resources available to the child
It is crucial to address college expenses during divorce negotiations to avoid potential conflicts in the future. Divorcing parents are usually much better off involving a child support attorney to understand the legal landscape better and to prevent mistakes that could compromise their child’s well-being.
Feel Confident About Managing Child Support Issues
Child support can be one of the most contentious issues parents deal with in a divorce or after their relationship ends. We can help parents understand their rights and responsibilities regarding child support payments so they can allocate their resources appropriately to care for their children. Call 212-422-2660 or complete our contact form to speak with one of our New York City family law attorneys today.