manhattan Child Support lawyers
Last Updated on
Parents who are raising children alone in Manhattan can file a motion to obtain child support from the absent parent. If the child lives with a parent more than half the time, then that parent is considered to be the custodial one while the other parent is considered to be absent. This is true even if the parent who doesn’t live with the child has regular visitations. In most situations for parents who live in Manhattan, the parent who makes more money is the one who will pay child support. In simple terms, child support is a monetary payment made to the state that is then given to the designated parent. A guardian of the child, such as a family member or foster parent, can also receive support to help raise the child.
Most child support cases are dealt with in a family court. A judge is present as well as an attorney for one or both parents according to the New York City Bar. At times, a hearing examiner will listen to the case and make a decision instead of a judge. Cases that involve children living on public assistance take place in a family court located in Manhattan. Once all of the evidence is heard by the judge or examiner and the proper calculations have been made, then a decision will be given as to who pays child support and who receives the support payment. A child support hearing that is the result of a divorce might be handled in Supreme Court.
Who Is Responsible?
Many parents believe that no contact with the child means that they aren’t obligated to pay child support. Even if a parent does not talk to or see the child, support is still an obligation. The custodial parent has every right to file a motion with the help of an attorney according to the New York State DCSE. Parents who aren’t working, those who are in jail and those who are disabled are obligated to pay support. In situations where the absent parent is incarcerated or can prove a minimal income, then the support payment is adjusted to a state minimum. At times, the custodial parent might need to prove that the absent parent is the biological parent of the child. The absent parent can request this proof.
In the event that the absent parent is a step-parent, then support is only ordered if the amount would help to prevent the child from receiving any kind of public assistance. Once the marriage is dissolved, then the step-parent typically doesn’t have any financial responsibility for the child. An Order of Filiation can be filed by either parent and establishes the legal biological relationship to a child as there are some issues where one person is listed on the birth certificate and another person is the biological parent. If the father of a child signed an Acknowledgment of Paternity when the child was born, then the order isn’t required. Even if the parent signed the birth certificate, there is no legal claim unless the acknowledgment is signed or the order proves that the child is indeed the absent parent’s. If the parent, which is the father in most cases, objects to the results of the order, then a DNA test is typically ordered to prove paternity.
After The Hearing
When all of the paperwork is processed and a designated amount has been established, then there will be a review of how the custodial parent wants to receive the payments and when the payments will be made. Most of the time, payments are ordered to be made so that they follow the pay schedule of the absent payor. A custodial parent who has a child on PA usually has to sign over rights to get child support in order to get the public assistance.
What Happens If The Payment Isn’t Made?
Unfortunately, some absent parents who are required to pay child support will let their payments get as far behind as they can before being issued a warning. Manhattan normally stays on top of late payments and sends out a warning before taking the payor to court. If the payor continues to avoid sending in support payments, then the payment can be automatically taken from a payroll or government check. If this option doesn’t work, then the payor would likely go to jail.
An attorney can assist by filing child support documents so that payments can be received. An attorney can also provide assistance with enforcement when child support payments are not made in a timely manner.