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.
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.
Child support is one of the most significant ways that a noncustodial parent can provide for his or her child. In New York, child support can be used to provide a child with important needs like housing or food, or for expenses related to the child's schooling, extracurricular activities and travel. Often, child support matters are resolved contemporaneously with divorce matters; unmarried individuals can also seek child support from their former partners if the parties share children.
It is not uncommon for problems to arise between ex-partners when it comes to matters related to their kids. In New York, a divorcing couple may establish child support parameters through either a private agreement that is approved by the court or through litigation. Settling matters related to child support disputes can be resolved through similar paths.
Different states have different criteria that they apply to determine how much child support a noncustodial parent should be required to pay should a court determine such an award is necessary. In New York, many factors can influence how much money passes from parent to child through this legal obligation. For individuals who are curious to know how their child support obligations compare to the actual cost of raising a child, the United States Department of Agriculture offers an interesting online tool.
A custodial parent may believe that he or she is in the best position to determine the financial needs of his or her kids. However, a New York parent who occupies the important, but sometimes overlooked role of a noncustodial parent may also have important insights into what his or her children really require in terms of financial maintenance. As such, both custodial and noncustodial parents have the right to seek child support modifications when such changes may be necessary to serve the best interests of their kids.
Whenever a New York resident has a question about his or her child support obligation, it is generally helpful for the individual to consult with a family law attorney. This is because every child support order or agreement is different and will incorporate different factors that are relevant to the families and children impacted by the support outcomes. As such, readers of this blog should note that the information contained in this post is not intended to serve as legal advice and should be reviewed with a divorce or family law attorney in order to assess its applicability to a particular case.