- Family & Matrimonial Law
- Spousal Support
- Equitable Distribution
- Marital Agreements
- Barbara J. King, Esq
- Military Divorce
Child support refers to payments made to a parent for the children’s necessities such as food, medical expenses, education (including private schooling, resources for special-needs children, and even college tuition), health insurance, day care and living expenses.
If you have questions or problems regarding child support, please call (518) 218-7100 24 hours, 7 days a week or email email@example.com.
- To Whom Child Support is Paid
- Court Jurisdiction
- Duration of Child Support
- Amount Determination
- Child Support Modification
- Unable to Pay Child Support
- Refusing to Pay Child Support
- Child Support and the Military
To Whom Child Support is Paid
Child support is paid to the parent with primary physical custody of a child in common. In cases where the two parties are not married, the paternity of the father may need to be established in court prior to the entry of an order of support.
In cases where physical custody is shared, child support could be owed to the parent with the lower income.
Matters of child support are usually handled in Family Court of the County in which the children reside. However, in divorce cases, decisions regarding child support can be made in the Supreme Court in the County the parent(s) reside.
Duration of Child Support
Typically child support is paid until the child reaches age 21, unless the child is emancipated earlier.
In New York, child support is based on a formula and guidelines pursuant to the Child Support Standards Act (CSSA). These guidelines consider the number of children the parent has a legal responsibility to support and that parent’s income. To set a different amount, either higher or lower, there needs to be a compelling reason to deviate from the CSSA.
Child Support Modification
The amount of child support can be modified. The Court can increase, decrease, or end support if there has been a legally recognizable change of circumstances. Other expenses such as day care or health insurance can be included in an order for child support. If either parent is experiencing extreme financial hardship the Court may modify the order. In addition, if the court-ordered custody or visitation agreement changes significantly, child support may be modified. The restriction or blocking of visitation is not a valid reason to stop paying child support. Likewise, if a parent is behind on child support, it is not a valid reason to stop visitation. Child support and visitation are two separate matters and serve two different purposes.
Unable to Pay Child Support
Sometimes there are extenuating circumstances where you are unable to pay your child support. Since child support is court imposed, it is not wise to simply stop paying. If you are unable to pay, call your attorney to develop a course of action. To avoid possible jail time it is best to contact an attorney as soon as possible. If you can properly establish extreme financial hardship, the Court may temporarily change the child support order.
The Court can order that support be taken directly out of a paycheck through the Support Collection Unit (SCU). If the support collection unit is collecting the support, a parent’s tax refund check could be held if they are behind with support payments. Moving out of state will not allow a parent to avoid paying child support. Voluntary unemployment (i.e. quitting your job) is also not a valid reason to stop child support.
Refusing to Pay Child Support
Unless there is a Court order directing otherwise, child support should be paid. If you are entitled to child support and the other parent is refusing to pay, do not retaliate by withholding visitation, or getting into a physical or verbal confrontation. Contact your attorney as soon as possible. If you do not have a support order, but have a support agreement, a Court can help enforce the terms.
Child Support and the Military
Here at Tully Rinckey, we also understand the nuances of how employment with the military may affect your child support obligations. We understand that income for service members is reflected differently than for typical W-2 or 1099 wage earners.
The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet
24 hours a day, 7 days a week
“Mirranda and I wanted to express our thanks for all of the help you have provided in the process of selling our old home and purchasing our new one. When we purchased our last home we took the recommendation of …
“LITERALLY THE BEST MONEY I EVER SPENT!!!! The USAF charged my son with Article 92, Violate General Order and Article 128, Simple Assault. I spoke to many attorneys who said to me, “Your son will be convicted of the Simple …
“Kelly Magnuson, Esq. has been representing me in a medical malpractice action. I worked as a paralegal for many years, and I could not have made a better decision in retaining Kelly as my attorney. Kelly is well versed in …
Unprecedented Veterans in Economic Transition Conference (VETCON) coming to the Capital Region next week. VETCON is the first of its kind in Albany’s Capital Region and will provide support, advice, and direction to startups and existing businesses owned by veterans, …
Beginning today, Albany police officers will be testing body cameras while on duty. Albany police have weathered criticism following an incident that resulted in the April 2015 tasing death of an unarmed city man, Dontay Ivy. No officers were charged …
What is the difference between a living will and a health care proxy, and is it necessary to have both? The answer to this question is that it depends upon which state you live in. In the state of New …
Monthly sessions provide knowledgeable legal and emotional support for those contemplating divorce February 8, 2016 – Albany, N.Y. – The family and matrimonial law team at Tully Rinckey PLLC is proud to announce its partnership with the Capital Region chapter …
Tully Rinckey PLLC & Hannaford Supermarkets to provide 200 turkeys to veterans this Thanksgiving In an effort to show appreciation for the sacrifices of active duty service members, veterans and their families, Tully Rinckey PLLC and Hannaford Supermarkets will once …
You’re Invited: Tully Rinckey PLLC Binghamton Office Ribbon Cutting Tully Rinckey PLLC, an upstate-wide coast-to-coast 70 attorney full-service law firm, is holding a ribbon cutting for its new office space at 4100 Vestal Road, Suite 104, Vestal, NY 13850 on …