Child support is money paid by one parent to another to help cover a child’s living expenses. If you’re a non-custodial parent, meaning your child lives with you less than half of the year, you may be required to provide payment. Here’s what you should know to be prepared for the proceedings.

A Brief Guide to Child Support

How much do I have to pay?

The court uses a special formula to determine the cost of child support. The formula calculates each parent’s income and multiplies the amount by a percentage that depends on how many children you have. Fewer children result in a lower percentage.

Additionally, you may be ordered to cover expenses for health insurance and education. The court also considers any financial constraints, taxes, and children from outside the marriage to decide what you pay.

How long do I have to pay?

You must provide support until a child turns 21. If a child marries, joins the military, or is emancipated, you can terminate payments. Support sometimes extends past the age of 21 when a child has special needs.

If either parent undergoes a change in employment or financial circumstances, the expense can be recalculated. In this case, file a petition with the state’s family court.

Can I refuse to provide support?

If you disagree with the determined amount, file an “objection” with the family court within 30 days of the original order. You must submit a copy of the objection to the other parent, who may send a reply to the court.

A judge then reviews the case. Depending on their ruling, the order could be altered or remain the same. If you or the custodial parent disagrees with the judge’s decision, you can appeal to a higher court. 

What happens if I don’t pay?

If you fail to pay the ordered amount, the custodial parent has the right to file a “violation petition.” If this happens, you must attend a hearing in which the court determines if there was a violation of the agreement.

If the court finds you’ve failed to pay, they may have the money drawn from your paycheck or order you to pay a lump sum. Parents who fail to pay may also face additional consequences, such as having their passports revoked or driver’s licenses suspended.

If you’re in the middle of a separation, consult the attorneys at John D. Wieser, Esq., PC in Buffalo and Rochester, NY. Practicing family law, they’re well-versed in the multifaceted process of divorce and work with clients to find solutions that benefit all parties involved. Call (585) 328-0660 to schedule a consultation or visit their website to learn more about their work with family law.