Gene L. Grobstein

AS A GENERAL RULE, child support is paid to the parent with whom the children live (the custodial parent) by the other parent. The obligation to pay child support continues, with certain exceptions, until a child is twenty-one (21) years old.

UNLESS THE PARENTS HAVE AN AGREEMENT as to the payment of child support, the custodial parent must apply to the Court for an order determining the amount of child support. The application may be made to the Family court in the county where the children live. Both parents must disclose their incomes and assets which may include: pay stubs; W-2 forms; tax returns for the past 3 to 5 years; bank and brokerage accounts; credit applications for a mortgage, credit card, car loan or personal loan; apartment lease and rent receipts. In addition, whenever an application for child support is made, both parents must complete sworn statements setting listing all of their income and all of their expenses.
If the parents are involved in a divorce proceeding, the Supreme Court will make an award of child support.

NEW YORK STATE LAW (the Child Support Standards Act) sets forth guidelines for the amount of child support to be paid. The amount is based on the number of children and the income of the parents. After certain amounts provided by law are deducted from the income of the parents, the parent with whom the children do not reside pays 17% of his/her income for one child, 25% for two children, 29% for three children, 31% for four children and 35% for five or more children. If the income together of both parents is more than $80,0000., the Court does not have to follow the guidelines with respect to the income that is greater that $80,0000. The Court may apply the guidelines to all of the parties’ income or may apply the guidelines up to an amount that the Court believes is reasonable to meet the needs of the children. In addition, the Court may apply a smaller percentage to the income over $80,000 than the guidelines would call for.

SUPPORT MAY BE PAID directly by one parent to the other. The Court may also order that payments by made through the Support Collection Unit (SCU) in the county where the Court is located. When the Court order of support is sent to SCU, an account is set up. If the paying parent is employed, a notice is sent to that parent’s employer. The employer deducts the support from each paycheck and sends it to SCU. Payment is then sent to the custodial parent by SCU. If the paying parent is self- employed or unemployed, the Court may order that payments by made to SCU. SCU keeps payments records and if there is ever a dispute as to whether all payments have been, SCU’s records will be brought to Court.

THERE ARE MANY ACTIONS that may be taken if a parent does not pay Court-ordered support. Without any Court action, SCU may direct that payment of additional amounts to be applied to any arrears owed. State and Federal income tax refunds may be obtained directly form the government and paid to the custodial parent. Driver’s business, professional and other licenses of the paying parent may be suspended. Upon proper application, if the Court finds that a parent’s failure to pay support is willful, the Court may send the paying parent to jail for up to six months. The Court may not send a parent to jail if he or she is unable to make the payment through no fault of his/her own. For example, a parent may become disabled or lose his/her job because of layoffs. A parent sent to jail must be released upon payment of the amount due and owing. During the time that parent is in jail, he or she is not excused from paying child support. If payments are not made when a parent is in jail, he/she will owe this support to the other parent. To make sure that child support payments are made on time, the Court may order the paying to deposit money into a special account. If a payment is missed, the amount due will be taken from this account.

THE PAYING PARENT must submit documents to the Court showing the income earned. However, where it appears to the Court that the information provided is not accurate, the Court has the right to make a decision as to what the correct income is and set the child support based on this amount. Also, the Court may base the amount of support on the needs of the children. The parent asking for support should give the Court information as to the household expenses so that the Court can decide the amount needed to support the children. If a parent quits working without good reason, the Court may set the child support based on the salary the parent was earning before quitting or in an amount that the Court finds the parent is capable of earning.

Although I could go on and on about all the factors affecting child support, New York State has created a very helpful website which explains the whole process in a neutral manner. I urge you to follow this link for more information: www.newyorkchildsupport.com

GENERALLY, YES. However, if there is a good reason, the Court may order either more or less than the guideline amount. Each case is decided on its own facts and the Court must consider the financial circumstances of the parents and, what is most important, the needs of the children.

YES. THE COURT MAY ORDER the paying parent to provide medical insurance or pay part of its cost. In addition, the paying parent may be ordered to contribute to the payment of other expenses such as medical expenses not paid by insurance, religious instruction fees, summer camp, etc. Usually, the parent who earns more income will pay more of these expenses than the other parent.

SUPPORT MUST BE PAID even if he/she is not seeing the children or there is a dispute about seeing the children.

YES. THE PARENT RECEIVING SUPPORT may apply to the Court for an increase in support and the parent paying support may apply to the Court for a decrease in support. The parent asking the Court to change the amount of support ordered must show the Court that there is a good reason to order an adjustment. For example, the parent receiving support may show that the paying parent received a large pay increase and that the children require additional money to support their needs. Likewise, the paying parent may show that he/she has been laid off and has been forced to accept a lower paying job.

IF THE MOTHER HAS CUSTODY of the child, the Court must first determine whether the person from whom she requests support from is the father. There is no problem if the person admits that he is the father. If he denies that he is the father, the mother may have to file a petition asking the Court to rule that he is the father. The Court must then hold a hearing to decide if he is the father of the child The Court may direct that DNA tests be done to help in deciding this issue. If the father has custody of the child, he may obtain support from the mother without a Court ruling that he is the father. However, the mother may ask the Court to decide whether he is in fact the father.

THE APPLICATION FOR SUPPORT may be made in the Family Court in the county where the child resides the same way as if both parents lived in New York. However, the party residing outside New York may not have to come to Court in New York. He/she may be allowed to testify by telephone. If the application is made in the Supreme Court after the parties are divorce, the Court generally requires that both parents come to Court.

YES. SOMETIMES WHERE NEITHER PARENT can take proper care of a child, the Court gives custody to another person, such as a grandparent or other relative. The Court may then order the parents to pay child support to this person.