New York law requires a child’s parents to support that child until the child reaches the age of 21. However, if a child under that age is married, self-supporting, in the military, or emancipated, an obligation for support may be terminated.
If the parties were not married at the time of the child’s birth, a Court must determine the paternity of the child before entering any orders of support.
To determine each party’s income, expenses and support obligations, Courts often seek testimony of the parties and look at tax returns, pay stubs, bank statements, credit card bills, medical bills and pay stubs for guidance.
In addition to the payment of the basic child support obligation, one parent generally is responsible for providing healthcare insurance for the children, and expenses such as uninsured medical and dental costs, childcare and extracurricular activities are divided among the parties based on a pro-rata share.
Once child support is ordered, if the non-custodial parent fails to comply with such order, the custodial parent may file a violation petition. If a violation is proven, a court may order various penalties and remedies including a money judgment for arrears or unpaid late support, an income execution order to automatically take money directly from a paycheck, seizure of property, driving privileges or business or professional licenses, incarceration for up to six (6) months, or other appropriate remedies.
And if there is a change in circumstances to either party after an order of support is entered, either party may seek to increase or decrease the support amount.
If you are a party to a petition seeking an order of support, if you are a party to an existing order of support, or if you have questions regarding such matters, please contact Nelson, Robinson & El Ashmawy, PLLC by email or call us at (212) 962-1740 and let us help you protect your rights.