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Articles on New York Divorce Law
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Feb 2018HOW DO I GET AN ORDER OF PROTECTION
Feb 2018WHAT IS CHILD SUPPORT?
Jan 2018CAN I GET ALIMONY?
Nov 2017WHAT IS A HIGH NET WORTH DIVORCE?
Sep 2017What to expect in a custody case
Sep 2017WHAT IS A CONFESSION OF JUDGMENT
Aug 2017WHAT IF I CAN'T SERVE MY SPOUSE?
Aug 2017What should I say to the Judge?
Aug 2017Can I appeal a Custody Order?
Jul 2017How do I get custody if my spouse and I live in different states and how do you determine Home State
WHAT IS CHILD SUPPORT?
February 3, 2018
How can I get child support? In New York, child support is an amount of money paid to the parent who is the custodial parent. This includes the basic child support amount that is based upon each parent’s income and the special needs of the child and in addition, includes health insurance obligations, day care if the parent is working, and unreimbursed or uncovered medical dental and other reasonable health costs for your child. The Family Court, upon an application under Article Four of the Family Court Act, or the Supreme Court, will configure the obligation in the form of an Order if you apply for it. New York has a child support enforcement department, and for the most part every state has an equivalent service to help each parent collect wat is owed to them.
Any parent who has a child can apply for child support and enforcement services.
The Child Support Enforcement agency will help you collect your child support through automatic deductions from the payor’s paycheck or from tax refunds and the like.
CSE can also assist you in locating the noncustodial parent so that you can collect your child support award.
The CSE agency can also help you prepare your petition for child support.
You do not pay taxes on child support.
Even if the child is born when the parties are not married you are entitled to child support. However, in that regard, you must first establish the paternity of the Father by filing a petition for paternity in your Family Court
Child support is automatically adjusted every two years, to account for increases in the Consumer Price Index but you can also apply for higher amounts or lower amounts of child support based upon a serious or important change in circumstances from the last order, unless you have opted out of that right in a divorce agreement.
The amount of “basic” child support you are entitled to is usually based upon a statutory formula under the CSSA guideline’s. Usually it is 17% of gross income, less certain deductions) for one child, 25% for two children, 29% for three children 31% for four children and 35% for five or more children. As to the add-ons such as medical and day care, this is usually awarded pro rata to the income of the parties.
Lisa Beth Older, your New York Divorce Lawyer