According to the New York State family laws, every parent has the financial obligation to support their children until they turn 21. The support includes paying for the child’s health insurance coverage until they reach this age. The parent who lives with the child generally receives the money for support from the noncustodial parent. If the parents were not legally married, then an order of filiation and acknowledgment of paternity is necessary. The custodial parent is liable for child support from the other parent even if she qualifies to raise the child on her own. Child support is a serious issue that can land you in problems if you ignore it or violate the laws that define it.
The seriousness of child support is clear based on the stringent and strong mechanisms the state government has put in place to deal with those who violate court orders. If you fail to pay for child support, the government or court may choose to intercept your tax refunds, seize your property and even revoke your driver’s license. You might even be blocked from getting a passport or securing employment in some companies.
Child Support Laws in Bronx are encapsulated into four major sections. They include sections 413, 413-a, 416 and 458-b of the Family Court Act. Section 413 highlights the obligations of parents towards child support while section 413-deals with reviewing and adjusting the child support order. Section 416 and 458-b define all the elements contained in a child support order and steps taken to enforce these orders.
Calculation of Basic Child Support
The New York Child Support Standards Act has a provision that allow the courts to calculate the basic amount of child support. The act uses a formula that combines the basic income of both parents and divides the sum with a certain percentage. According to this formula, one child should have a basic support not less than 17 percent of the combined income. Two children will have 25 percent and three children 29 percent. Four and five children (or more) will have 31 percent and not less than 35 percent respectively.
However, the court may choose to adjust the basic amount based on certain factors. These factors may include living standards of the child, his physical and emotional health, tax consequences of the parents and the child’s educational needs.
Filing a Petition for Child Support
The parent who has the custody of the child can file a petition in a family court requesting the court to issue a child support order to the noncustodial parent. The child is also allowed to file a petition if he or he is emancipated and not living with both parents. The Department of Social services may also file a petition on behalf of a child living under the custody.
In order to file for child support, you will be required to fill and submit an application form. You must include the name of the parents involved and their place of residency and the name of the children affected, ages and addresses. The petition must also have a clause claiming that one or both parents are not meeting their legal obligations to support the child. The one filing the case is known as the petitioner while the one requested to respond to the claims is known as the respondent. The form must be submitted to the Family Court Clerk’s office or a local child support center.
Once you submit the form, you will be required to fill a financial disclosure affidavit. This document will ask you for information about your monthly expenses and overall net worth. It will also ask about the debts you owe and whether you have health insurance and other financial obligations. It is important you take your time and fill the form as accurately as you can. Every information you enter will count, however insignificant it may seem to be. Once the clerk checks and receives your petition, you will get a notice of hearing.
Hire a Lawyer
It is possible to seek child support on your own. However, the chances of you navigating the complex legal process and comprehending the jargon in family law successfully are very slim. You need to work with an experienced child support lawyer in Bronx to help you out. A lawyer will gather all the facts and convince the judges to rule the case in your favor. It is important you get an attorney who has a lot of experience dealing with child support cases.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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