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www.LawNY.org Child support is financial assistance paid by a parent to help support a child. The parent who pays support does not usually have custody of the child. There are some exceptions. For example, if the parents have joint custody, one may have to pay support to the other even though they both share custody of the child. For more information on child custody, please see the article "Child Custody and Visitation Rights in New York." In order for a parent to collect child support, he or she must legally establish who the other parent is. In order to establish who the father is, the parents must prove something called paternity. For more information about paternity, please see the article "Paternity in New York." What can the Child Support Enforcement Unit (CSEU) do for me? CSEU can help you in a lot of different ways. Child support will:
· Help the parent who has custody of the child (custodial) locate the other (noncustodial) parent · Help establish paternity · Help custodial parents get support orders from court · Set up a way to collect support payments · Help make sure that the parent who must pay support does so · Help the custodial parent get medical support for their child · Review the case every two years for cost of living changes
How can child support be ordered in court? If the court determines that the noncustodial parent is the legal parent (usually through establishing paternity) it can order child support.
How does the court decide how much support the noncustodial parent must pay? First, the court looks at how much the noncustodial parent makes. Then, it subtracts some expenses, such as social security and child support for other children. This number is called the ‘adjusted gross income.’ The court then multiplies that number by a percentage. The percentage depends on the number of children. The percentages are:
· 17% for one child · 25% for two children · 29% for three children · 31% for four children · 35% for five or more children
Next, the court looks at how much each parent makes. Then the court decides what each parent should pay. The noncustodial parent pays their share to the custodial parent. You should know that the court does not have to follow these guidelines. If it thinks other arrangements are fairer it can make them.
What else might the noncustodial parent have to help pay for? Health care costs that are not covered by insurance are divided between the parents. If the custodial parent is working or going to school, child care costs are divided as well. The court can also divide the cost of education between the two parents.
What happens if the noncustodial parent does not show up for court? If the other parent does not show up, the court can decide that they are the legal parent and make them pay support. The court will also decide the amount you owe. You will not get a chance to say what you think you owe if you do not go to court. The court can also get a warrant for your arrest. Make sure you show up to court!
What if I can’t pay my child support? You can file a "petition for modification" with the court that issued the support order. Only the court can change what you owe. Just because you think you cannot pay, do not stop paying. Continue to pay what you can while you wait for the court to make a decision. You should know that the court will only change the amount of support you need to pay if there has been a ‘significant change’ in your ability to pay.
Do teen parents have to pay child support? Yes. Even if the parents are minors, the noncustodial teen parent must pay child support until the child turns 21.
Do I qualify for child support services? All custodial parents who get temporary and safety net insurance automatically qualify. Parents, guardians, and caretakers of children can be eligible if they apply.
How do I apply for child support services? Contact your local child support office. You can find the phone number for your local office by calling (800) 846-0773. A list of child support offices in New York can be found here: https://newyorkchildsupport.com/DCSE/LocalChildOffices.do. A copy of the application form can be found here: https://newyorkchildsupport.com/how_to_apply.html.
How do I pay child support? You must send all your child support payments to this address:
P.O. Box 15363
Albany, NY 12212
If you send your payment anywhere else you will not receive credit for it.
How do I collect child support? You can collect your child support payments by debit card, direct deposit, or paper check. For more information, please visit the state’s child support website here: https://newyorkchildsupport.com/home.html.
For more information about child support, please visit the New York State Division of Child Support Enforcement web site at https://newyorkchildsupport.com/. * * * * * Legal Assistance of Western New York, Inc. This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
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