If you have made the decision to separate from the parent of your child, then you have a right to file for child support. A Brooklyn child support attorney can offer assistance in filing the proper documents to submit to the court and can assist in any modifications that need to be filed as well if there is a change in income. Keep in mind that both parents need to be able to provide the financial support that the child needs with child support being used as a way to provide support from the other parent. The support payments can be used for various things that your child might need including clothing, food, shelter, and educational tools. It can also be used for school activities and other essentials that are needed to provide for the well-being of your child.
When you meet with an attorney to begin child support proceedings, you should have your income information as well as information about where the absent parent is employed if possible. The court can usually find this information if you do not have it at the time or if you are unsure of a place of employment. You should also have an address that the court can begin with in locating the absent parent so that the proper documents can be served. The absent parent does have a right to defend the child support motion. A judge could determine that the child support amount requested should not be approved and that a lower amount should be ordered. A judge could also order a higher amount depending on the income information of yourself and the absent parent. The judge will look at all of the information pertaining to both parents and the child when making a final decision about the amount ordered. The age of the child and any special needs that the child has are considered as well. Both parents are to financially support the child until the age of 21 in Brooklyn and other locations in New York. Health insurance coverage is to be provided as well and is often included with child support orders if the absent parent has a health insurance policy.
If you have physical custody of your child, then you are considered the custodial parent while the other party is considered the non-custodial or absent parent. This doesn’t mean that the other parent doesn’t have any involvement with your child. This is only the term that is used regarding the court system so that the information can be recorded in the documents in the proper way. If you were not married to the other parent, then a paternity test is usually required in order to establish the correct paternity so that the correct non-custodial parent is paying child support. This is done because there are some parents who seek child support from someone who they thought was the father and who is actually not the father of the child.
Even if you are able to provide all of the financial support for your child, you can still receive child support from the non-custodial parent. If you live in the same home with the other parent and the other parent does not want to help with the financial support of your child, then you can file for child support as well. You will likely need to have a paternity establishment in place in this situation to determine if the other person is the parent of the child. In the event that your child is in foster care, then both parents have a financial responsibility until your child is adopted and you no longer have rights to your child or you gain custody of your child back.
Child support can be established while you’re going through divorce proceedings or at any time you are separated from the non-custodial parent. You can speak with an attorney to file a petition that will then be taken to Family Court so that the process can begin to obtain the child support that is needed for your child. If you don’t want to go through the court, then you can create a written agreement with the non-custodial parent that is then filed. Any support order that is in place can be modified if any changes need to be made based on income levels or if your the support needed should be more than what has been ordered.
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