As family law attorneys, we at The Law Offices of Diron Rutty, LLC understand it is important to have a thorough understanding of child support laws in the state of New York. Child support is a critical aspect of many divorce cases involving children as it outlines how the children will be provided for.
Once child custody is determined, how much the non-custodial parent will contribute financially to the child’s care is not something divorcing parents will likely agree upon. Child support attorneys, like those at The Law Offices of Diron Rutty, LLC, can help.
What is Child Support?
Child support is a legal obligation that one parent has to financially support their child. This includes providing for the child’s basic needs such as:
- Food
- Shelter
- Clothing
- Medical care
The purpose of child support is to ensure that both parents contribute to the financial well-being of their child, even after a divorce.
Consequences of Non-Payment of Child Support
Non-payment of child support in New York can lead to serious legal consequences. New York child support laws are designed to prioritize the child’s best interests and ensure their well-being. If a parent fails to fulfill their child support obligations, they may face penalties such as:
- Garnishment of wages
- Seizure of property
- Suspension of driver’s license
- Imprisonment
It’s also important to note that child support costs will continue to accrue and must be paid off even if the child reaches adulthood before they’re paid off. As child support attorneys, we urge parents to understand these consequences and fulfill their responsibilities to avoid legal complications.
How is Child Support Calculated in New York?
In the state of New York, child support is calculated using the “income shares” model. This takes into account both parents’ incomes and uses a specific formula to determine the amount of child support that should be paid. Other factors may also be considered, such as the number of children and any special needs they may have.
How Do New York Courts Decide Who Pays Child Support?
Child custody plays a major role in calculating child support in New York. Child support likely isn’t going to go to a parent who doesn’t spend the most time taking care of the child, but when their time is split evenly, how does child support work?
In general, the non-custodial parent, or the parent who spends less time with the child, is responsible for making child support payments to the custodial parent, who primarily cares for their child.
Then, the court can also consider the visitation time of the non-custodial parent. Substantial visitation time can increase the non-custodial parent’s expenses, and this will be factored into the calculation. However, if parents have shared or joint custody, child support calculations can become more complex and potentially non-existent.
Important Facts About Child Support in New York
- In New York, parents have a legal obligation to support their children until they reach the age of 21 unless their parental rights are terminated.
- Child support can be modified if there is a significant change in circumstances, such as a job loss or an increase in income.
- Child support payments can be made through the court or directly between parents, but it is important to keep records of all payments made.
- Both parents are expected to contribute to any additional expenses for the child, such as education or medical costs not covered by insurance.
- Child support payments can be used for a variety of expenses, including but not limited to food, housing, clothing, and extracurricular activities.
Contact the Child Support Attorneys at The Law Offices of Diron Rutty, LLC
Having a strong understanding of child support laws in New York is essential for families going through divorce and for the family law attorneys who help them. Our experience allows us to effectively advocate for our clients and ensure that their children are adequately supported following a divorce. So, if you’re looking for experienced child support attorneys in New York, look no further than The Law Offices of Diron Rutty, LLC. Contact us today to learn more.