Family law and divorce courts order child support to ensure children are properly supported after a divorce or separation of unmarried parents. If one parent neglects their responsibilities, the state may have to take up this financial burden. As a result, courts take child support seriously and maintain a hand in ensuring payments are made. This overview will give you a better understanding of child support in New York.

How Child Support Works in New York State

How Is Child Support Determined in a Family Law Court?

There are several factors that go into determining how much is to be paid by the non-custodial parent. Such factors include the income of each parent, the number of children, and the financial needs of each child. Additionally, the time the child spends with the noncustodial parent can be taken into consideration, as that parent is providing financially for the child during visitations. This is called a “deviation: However, there must be substantial time spent with the non-custodial parent, not just weekend visitations.

How Is Child Support Enforced? 

Once child support has been ordered, the noncustodial parent either pays directly or submits payments a Support Collection Unit by wage deduction, which are then sent to the custodial parent. This is intended to be beneficial to the custodial parent, as it ensures steady payments.

If support payments are missed, either the custodial parent, or Department of Social Services, can submit a Support Violation Petition. A parent found to be in arrears can be ordered to pay the arrears and legal fees. If it is determined non-payment was willful, they can be incarcerated by a Judge. For this reason, the noncustodial parent has the right to a lawyer and legal advice during such hearings.

How Can Support Payments Be Used?

Support is intended to ensure the child enjoys the same standard of living they experienced during the marriage or relationship. If the noncustodial parent is wealthier than the custodial parent, the noncustodial parent should expect to pay more to maintain the previous standard of living. Support payments can be used to provide a better quality of life to the child. This means support money can be used in whatever fashion the custodial parent sees fit. The non-custodial parent has no control over how support payments are spent.

If you’re facing a child custody or support dispute, your first move should be to consult a family law or divorce attorney. Thomas A. Corletta, Attorney & Counselor at Law in Rochester, NY, has been practicing law for almost 40 years. When you work with him, you’ll get personal attention from Attorney Corletta that will make the difference in your case. To learn more about him, visit his website. To schedule an initial consultation, call (585) 546-5072.