Child Support
Home: Family & Matrimonial Law

Child support are payments made to a parent for the children's necessities such as food, medical expenses, education, 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  support@tullylegal.com
 

To whom child support is paid

In cases of divorce, child support is paid to the parent with primary physical custody. In cases where the two parties are not married, the paternity of the father must be established in court prior to the entry of an order of support.

 
Court Jurisdiction
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 there is an earlier emancipation.
 
Amount Determination 
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 change of circumstances. Non-covered 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 a wise decision to abruptly stop paying. If you are unable to pay, call your attorney to develop a course of action. To avoid possible jail time or additional fines it is best to contact the Court as soon as possible. Although it is difficult to demonstrate, under extreme financial hardship, the Court may temporarily change the child support order. 

The Court can order that support be taken directly out of wages. If the Department of Social Services is collecting the support, a parent's tax refund check could be held. Moving out of state will not allow a parent to avoid paying child support. Voluntary unemployment 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 not have a support order, a Court can help enforce the support agreement. The right of the child to receive adequate support comes ahead of a parent's right to visitation. 
 

 

Call 24/7 to speak to an attorney:
518.218.7100

After hours emergency legal service:
518.727.3593

legaladvice@tullylegal.com

Tully Rinckey PLLC
Attorneys & Counselors at Law
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