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child support Archives

Understanding New York State child support guidelines

Sometimes the most basic aspects of a child support case are the most confusing. For noncustodial parents in New York State who have been ordered to pay child support, they might not understand how the amount is determined and why. This is essential in any case and the custodial and noncustodial parent should understand it completely. There are certain child support guidelines that the state uses to determine what is paid. This is based on how much the person earns per year. Based on the law, the noncustodial parent will not be ordered to pay an amount that is unfair.

How is child support affected if I lose my job?

For noncustodial parents who are paying child support, there are times when they are not able to make the payments in full because of job loss. When a person loses his or her job and owes child support, the lack of employment does not eliminate the requirement to pay the child support on time and in full. However, the state does understand that these circumstances will inevitably arise and they are often out of the supporting parent's control. With that, it is essential to understand what legal steps to take after job loss.

Important points about child support modification in New York

When a child support order is made in New York, it is essential that the supporting parent make the payments in full and on time to serve the best interests of the child. There are instances, however, in which a parent would like to have the order changed. There can be many reasons for this. Regardless of why there is a desire for the modification, it is imperative to understand the child support guidelines for such a change. Failing to do so can make the situation worse.

What to do when parents disagree about child support

When a New York court determines that child support should be paid by one parent for the benefit of their child and sets an amount that the payer will provide on a monthly basis, the determination is based on what the court judges to be in the best interests of the child. Generally, a paying parent is the noncustodial parent and that parent's financial contributions to the needs of the child may seem to exceed the financial contributions made by the custodial or nonpaying parent. However, a custodial parent is also expected to financially contribute to the child's needs in addition to providing the day-to-day support that is required to raise a child.

Why am I paying child support past my kid's 18th birthday?

For many Oneida County parents who are obligated to pay child support, their requirement to provide financial support to their offspring ends when the children reach the age of majority. However, this is not the case for every payer of child support. Whether through agreement or by order of a family law court, a parent may be required to pay support beyond their child's eighteenth birthday under several circumstances.

A court may deviate from the New York child support guidelines

The laws of New York provide courts with a set of guidelines that dictate how much money a child should receive from his or her noncustodial parent. The guidelines consider generally how much it costs to raise a child and include computations that are based upon the paying parent's income. For example, under the guidelines, a New York parent will pay 17 percent of his or her income to a single child; that percentage goes up to 25 percent for two children.

Options for when child support becomes a financial challenge

Many Oneida County residents would do anything for their kids, especially when their children's lives are rocked by the divorce or separation of their parents. This can include staying current on any child support orders or agreements that may become relevant in the wake of the parents' marital dissolutions. However, even parents with the best intentions can find themselves struggling to keep up with the payments they owe towards child support.

Child support may be used for many of a child's needs

Parents sometimes approach child rearing one day at a time. To consider all of the decisions that one has to make about the upbringing of his or her offspring can completely overwhelm a New York parent. Just as decisions and choices about parenting must be made on an ongoing basis with regard to one's kids, so too must parents continuously cover the numerous and ever-present costs associated with caring for his or her children.

Know your rights as the payer of child support

Just recently this Oneida County family law blog provided a general overview of how some child support obligations may be terminated. Whether through emancipation or marriage, joining the military or reaching the age of majority, most support obligations end and children in New York are generally not entitled to perpetual support from their parents.

How to determine the end of a child support obligation

Child support can become a parent's obligation either at the time of or after the parent's divorce from his marital partner or at a time after a child is born to an unmarried couple. Under New York law, children are generally entitled to receive financial support from their parents until they reach the age of 21. However, not every child support case ends when a child reaches this age, and this blog post will explore some of the events that may terminate a parent's obligation to pay child support at a different time.

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