Family is often the most important thing in life and many people end up staying in difficult marriages for the sake of their children. However, with the help of experienced professionals, like those at the Hobika Law Firm, people can take steps to protect what is important to them and ensure their interests are safeguarded during a divorce.
One of the reasons a non-custodial parent may not be able to make child support payments is because their income level has decreased substantially. Rather than avoid their obligations, it is possible to apply for a child support modification with the court to ensure one is not penalized for their behavior.
After a divorce is finalized, depending on the order, child support obligations can end up continuing for a number of years. During this time, the parents making the payments may find that their financial circumstances change, and rather than address the issue in court through an agreement modification, they may end up failing to make their child support payments. Even the most understanding custodial parent can get frustrated as a result, since they depend on these payments to meet everyday expenses. What are the enforcement actions available in New York to enforce a child support order?
Sending kids to camp during the summer may have been the norm for a married couple, who shared expenses and made the decision together, but post divorce this may change if not specifically address in the child support order or by law.
Despite divorce severing the marital tie between a New York couple, the relationship with their children remains intact. Divorced parents often have to go the extra mile to ensure their children's needs, both financial and emotional, are met in the aftermath of their split, but keeping their best interests at the forefront is crucial while they adjust to going from one familial unit to two. Child support and custody arrangements also reflect this, whether agreed upon between the parties or decided by the courts.
Taking care of one's children is a life-long obligation, whether the parents remain married to one another or not. When a couple divorces, the court often awards child support payments to be paid by one parent to the other--generally the one who is given primary physical custody of the child. When there is a failure to pay child support, there can be legal and administrative consequences.
While a couple is married in New York, as in other states across the country, both parents contribute to the child's upbringing This includes education, healthcare and other financial needs. However, when the couple divorces and one parent is given primary custody of the child, many may believe this also includes financial obligations but this is not the case. Courts often order child support, which is an ongoing periodic payment from one parent to another to cover the child's financial needs.
As previous posts on this blog have discussed, parents in New York who are living in separate homes and subject to a paternity or divorce order will have to address issues related to the financial wellbeing of their children. A parent will likely either receive or pay child support, and the amount of that support will depend heavily on each parent's "income."
When there are issues related to child support in New York, the basics can be at the forefront of the disagreement. One problem that frequently arises is that the alleged father does not know or will not agree that he is the biological father of the child. This is where the Acknowledgment of Paternity is important.
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.