nyc Child Support Lawyers
Child Support Laws in New York
According to New York State Law, it is the responsibility of both parents to financially support their children until they are 21 years old. In addition, child support also requires parents provide their children with health insurance until the child is 21 years old. However, if the child is under 21 years of age and married, in the military, or is self-supporting, the parents are no longer responsible for supporting the child because the Court will see the child as emancipated.
Typically, a noncustodial parent will pay child support to a custodial parent. If the parents were never married to each other, an Acknowledgement of Paternity or Order of Filiation to determine paternity will be required to proceed with a request for child support. It is important to note that even if custodial parents are able to support their children on their own, they can still get child support payments.
If two parents are coexisting with a child, one parent can still request child support if the other parent doesn’t contribute financially to support the child. When the child is in foster care, it is the responsibility of both parents to pay child support.
There are two ways child support can be put in order, which are by a written agreement or a support petition that is filed in Family Court. When two parents sign a written agreement that determines child support, there are a few requirements that must be completed before the court will recognize the agreement.
When an individual doesn’t have a child support order, he or she may file a support petition in Family Court. When an individual already has the child support petition and the other parent will not make payments, a petition can be filed to enforce the payment.
If an individual already has a child support order and wants to alter it, he or she can file a petition in Family Court to amend the order.
How Much Does a Parent Have to Pay for Child Support?
To ensure child support payments are fair, a standard guideline is used to determine how much an individual should pay, which is based on the amount of money an individual earns in a year. An individual will not be ordered to make a payment that is unfair under New York law.
Aside from child support payments, an individual may also have to pay support from the time the child was born. In addition, an individual may also have to pay for medical costs, child care expenses, educational expenses, and more. When an individual’s employer offers health insurance to his or her child, he or she may also be required to provide the child with health insurance coverage if the cost of the insurance is affordable.
The standard guideline that is used to calculate what an individual will pay is based on his or her adjusted gross income and the children that will receive payment. The court will take an individual’s gross adjusted income and apply deductions, such as Social Security, New York City tax, and Medicare, and determine the adjusted gross income. After the court determines an individual’s adjusted gross income, the income will be multiplied by the standard guideline for the number of children receiving payments. The percentages include:
17% for one child
25% for two children
29% for three children
31% for four children
35% or more for five or more children.
If you need help with child support payments in New York, see guidance from an experienced legal expert. An experienced family lawyer can provide individuals with legal expertise and help make the process easier.