Here’s What Parents Need To Know About Child Support Laws In NY
If you've split up from your significant other or had an entanglement that left you with more than you bargained for, you may be on the hook for child support. New York is among the states with the highest child support payments. According to Custody Xchange, NY is #11 on its list of states where parents on child support pay the most money. New Yorkers who are responsible for child support, pay around $895 monthly.
As defined by New York State, child support is,
Financial support provided by the noncustodial parent. Child support includes:
- Cash payments (based on the parent's income and the needs of the child)
- Health insurance for the child (medical support)
- Payments for child care, and
- Payments for reasonable health care costs that are not covered by health insurance.
It's not just the other biological parent who can file for child support in New York. Any parent, guardian, caretaker of a child, or child who needs financial support can apply in the state.
The Child Support Program provides the following services:
- Locating Non-Custodial Parents
- Establishment of Parentage
- Support Establishment
- Support Collection
- Support Enforcement—Administrative
- Support Enforcement—Court
- Medical Support Establishment and Enforcement
- Modification of Child Support Orders
Once the initial amount is set, the Child Support Program automatically reviews the amount every two years to account for any wage or cost of living increases. These adjustments are made without requiring a court hearing.
The State collects an annual fee of $35 if more than $550 in child support is collected.
Here's what you need to know about child support in New York State:
1. In New York, both parents are financially responsible for their child until the child reaches the age of 21-years-old.
2. However, if the child is in the military, married, or supporting themselves, parents are no longer financially responsible.
3. Generally, the custodial parent, who has physical custody, can file for child support.
4. If the parents were never married, an Acknowledgment of Paternity or Order of Filiation must establish paternity.
If the mother is not married when a child is born, the child has no legal father and the biological father has no rights or responsibilities to the child. The mother and father can sign an Acknowledgment of Paternity form. It names a person as the father of the child and gives him the right to custody of the child, the right to visitation with the child, and the responsibility of paying child support. This form will also allow the child's father to be named on the birth certificate.
5. Even if the custodial parent can afford to raise the child on their own, they are still legally permitted to request child support.
6. If the child is in foster care, both parents are responsible for child support.
7. Child support can be ordered in several ways,
- Ordered during a Divorce case in Supreme Court.
- Ordered by filing a support petition in Family Court.
- Arranged by written agreement between the parents.
- A written agreement must meet a few specific requirements or the Court can refuse to use it.
8. You can begin your child support case in Family Court here or contact your local Child Support Enforcement Unit here.
You can find more info about child support here.