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Family Law and matrimonial issues are the two of the most highly charged and contentious cases in the New York State Court System. The New York Family Court and the Supreme Court, Matrimonial Part are the only two courts mandated to hear Family Law cases pertaining child custody, divorce, child support, and visitation. As a rule of law, parents, whether married, divorced, separated or never married, have a legal responsibility to support their children emotionally and financially up to the age of 21 years. The New York Family Law on child support works to ensure that children get the necessary support from non-custodial parents to meet their basic needs, education, medical, and entertainment needs.
Law pertaining child support
The New York State Court System defines child support as the financial support provided by a noncustodial parent in the event of a divorce or separation. The law requires both parents to provide financial support to their children until the age of 21 years. The Family Courts apply the standard of the child’s best interest when determining the amount of child support. Contrary to the misconception that child support is supposed to punish the non-custodial parent, the law is clear that child support caters for the education, medical, entertainment, and basic needs of the child. The amount to be paid is calculated according to a formula contained in the New York State Law known as the Child Support Standard Act. In addition to the act, the state also provides releases the Child Support Standard Chart annually before April 1, to determine the annual child support obligation pursuant to the provisions of Chapter 567 of the Laws of 1989.
The New York Family Law provides innumerable ways of implementing child support. Parents can agree on the amount of child support on a written agreement signed by the hearing magistrate or the court can issue a court order on the same. Where an obliged parent fails to honor the agreement, their state tax refund and bank accounts may be apprehended, revocation of driver’s license, denial of U.S Passport or mandatory paycheck deductions are enforced.
In New York, child support ends when a child turns the legal age of 21. However, if the child reaches 18, and marries, joins the military, moves from home with the consent of the parents or acquires a permanent job, the law considers them emancipated and self-supporting.
New York State Child Support Attorney
Due to the complexities of child support and the recurrent adjustments, New York State child support lawyers help their clients in dealing with any issues of additional support and modifications. Parents can seek help from a child support lawyer when drafting a child support agreement to ensure it meets all the legal requirements and avoid rejection by the court. In addition, they help in gathering all the necessary documentation for filing a child support petition in court. In the event of a modification arising due to change of circumstances followed by a significant decrease in the amount of income (15%), a child support lawyer offers guidance of the required documentation and personal information to support your contention and advocate for your position in court.
When searching for the right New York Child Support Lawyer, our Spodek Law group will give you the necessary legal support for child support. Our professionals are experienced in New York statutes relating to Family Law.