Finding Practical Answers to Questions About Child Support
Probably the least negotiable issue in most divorces will be those concerning child support. Although the basic child support obligation will be fixed under the New York State Child Support Guidelines, there's sometimes room for negotiation or argument. To learn about the best ways to protect your interests on child support questions in paternity cases as well as divorce, contact Callanen, Foley & Hobika for legal advice in Utica.
Under the Guidelines, child support payments are determined according to the income of both parents, the number of children, and the percentage of time the children spend with each parent. The Guidelines only apply to incomes up to $80,000, but the court can order additional child support from parents who earn more. The paying parent might also need to pay the costs of health insurance coverage for each child.
The Child Support Guidelines that apply in divorce cases also apply in paternity cases. In cases where either parent is self-employed or works in a cash business, there might be disputes as to the amount of the parent's correct income, especially if the receiving parent knows that past tax returns understated income. In some cases, the parent receiving child support can show that a child's special medical, behavioral or educational needs would justify a greater support obligation.
In paternity cases, there won't be a custody or visitation order in place unless the noncustodial father seeks one from the court. Although the father paying child support can expect to benefit from a reduced payment if the children stay with him during weekends or summer vacations, the more important benefit of a visitation order is the stability of a continuing and enforceable right of access to the children.
Our lawyers can advise you about all of the legal issues that can come up in the determination of child support obligations or paternity. Many people also need advice from time to time about the modification or enforcement of child support payments as incomes go up or down or obligations go into default.
For legal advice tailored to your circumstances in Utica and the Mohawk Valley, contact an attorney at Callanen, Foley & Hobika.
