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Child Support

In New York, state supreme courts (in divorce cases) and county family courts (in other cases) can order a parent to pay the other parent child support for a child’s living expenses, food, education, medical care, health insurance, and day care services. Having served as a Broome County Family Court Judge and New York State Supreme Court justice in Binghamton, Tully Rinckey PLLC Binghamton Managing Partner Peter P. Charnetsky, Esq. is able to leverage his perspective from the bench to aggressively and effectively represent clients with child support matters.

Call 607-722-1520 or email to schedule your FREE consultation with Binghamton Managing Partner Peter P. Charnetsky, Esq.

Who Pays Child Support?

When a court has awarded one parent with primary physical custody of the child, the non-custodial parent must pay child support. But when parents have shared physical custody, the higher-earning parent is usually required to pay child support to the lower-earning parent.

Court Jurisdiction

In divorce cases, the supreme court in counties in which the parent(s) live will issue child support orders. In other cases, family courts in counties in which the child lives will issue such orders.

Duration of Child Support

Unless a court issues an order of emancipation, the obligation to pay child support remains in effect until the child turns 21 years old.

Amount Determination

Courts will use the formula and guidelines in New York State’s Child Support Standards Act (CSSA) to determine how much child support a parent must pay. Factors influencing this amount include the parent’s income and the number of children covered by the child support order.

Child Support Modification

Legally recognizable changes in the circumstances of a child’s – or parent’s – life can prompt a court to increase or decrease the amount of child support payments. Higher costs for the child’s day care, education or health care may prompt a court to order an upward modification in child support. Meanwhile, extreme financial hardships experienced by the payor parent may prompt the court to order a downward modification in child support. In either case, a parent should not start paying more or less in child support without a court order, even if he or she has lost a job. If you cannot pay child support, consult with an experienced Binghamton child support lawyer and learn about your options. Failure to pay child support could result in a garnishment of your wages or tax refunds, or jail time.

Refusing to Pay Child Support

If a parent is refusing to pay you the child support to which you are entitled, consult with an experienced child support enforcement attorney in Binghamton rather than retaliating against or arguing with the other parent or refusing him or her visitation with the child. We can prepare for you a petition for enforcement for child support orders to ensure you receive the money to which you are entitled.

Tully Rinckey PLLC’s family and matrimonial law attorneys can represent parents, spouses, siblings, grandparents, domestic partners, and other parties in Bath, Binghamton, Elmira, Ithaca, Media, Norwich, Owego, Watkins Glen, and beyond. Call today to schedule an initial consultation with one of our family and matrimonial lawyers at 607-722-1520 or e-mail Click here to view a video about our consultation process.

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