If you are trying to make up New York child support arrangements, you will know that it can be a difficult process. Check out this article, then call us.
New York Child Support Arrangements | Changing an Obligation
Sometimes a child will no longer live with either parent and one parent is paying child support to the other. That parent should go to court right away and try to change the child support obligation and try to eliminate it. Child support is not payable to a parent who does not have their child living with them. If the child is away at college, the courts consider that a temporary relocation of the child and that will not trigger a change in the child support obligation. If the child moves out of the house, is not in school, and is no longer being supported by that parent, typically the courts will allow the child support obligation to be terminated even if the child has not yet turned 21 or is otherwise emancipated.
New York Child Support Arrangements | Child Support Components
Child support is comprised of more than just the basic child support obligation. Parents are also obligated to pay a percentage of any uninsured medical, dental, optical, or day care expenses. What we typically do is look at what the pro rata split of the income is. How much do you make in comparison to how much your spouse makes? You then have to pay those uninsured expenses, or those day care expenses based upon the differences in your income. Additionally, sometimes people have to pay for the health insurance premium. We also consider what the cost is for the health insurance and how much of that is attributable to the children.
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New York Child Support Arrangements | Child Support Enforcement Unit
The child support enforcement unit is a New York State agency. It is, in essence, a collection agency and they administer the payments and recordkeeping of the child support orders.
New York Child Support Arrangements | Modifications Based on Job Loss
Sometimes after a child support order is entered, there is a change in circumstances. Those changes in circumstances can include loss of employment or a change in the custody of the child. What we can do is go back to court and get those issues readdressed. If you lose your job based on no fault of your own, you’re typically entitled to change your child support obligation. On the other hand, if you quit your job or get fired, the court generally is not going to allow you to use that as an excuse to change your child support amount. Additionally, if your income increases significantly, the other parent could take you back to court and ask for more child support.
New York Child Support Arrangements | Child Support Time Length
Child support in New York State is payable until a child turns 21 unless that child does something before they turn 21 that makes them emancipated. Emancipation can occur if a child joins the military or if a child becomes self-sufficient. A child becomes self-sufficient if they’re able to meet their own needs and obligations on their own.
New York Child Support Arrangements | Collecting Back Child Support
Child support is only effective the date that you file a petition and you ask for it or the date that you start a divorce. You can’t go back years and years before you filed your petition and ask that you get child support going backwards. The court is typically only going to go back to the date of the filing of the petition.
If you want a dedicated Rochester family law attorney to help you navigate your child custody case, please call our office today to get a free consultation with attorney Michael Schmitt.