In New York, both parents are responsible for financially supporting their child. This usually means that one parent, the non-custodial parent, is responsible for paying child support. This is often handled when a couple is getting a divorce. However, there are cases where a couple separates and for whatever reason does not go to court to get a formal child support order.
The question then is, can parents agree to their own child support order?
The answer is a bit complex. The couple can make their own child support agreement, but they must go through the court to get a child support order. An agreement cannot be enforced if the parent does not pay. A court order can be enforced.
Those are the major differences, but there are others. Here’s what you need to know.
Can You Negotiate Child Support in New York?
Parents can negotiate child support in New York. They can work together or with a mediator to come to an agreement on the amount of child support as well as the schedule. They can even create an agreement on custody and visitation. Some parents do this prior to going to court for their divorce. Then they bring the agreement, the judge reviews it, and if he or she agrees with the terms, it becomes an order.
Until that agreement is approved by a judge, it is not enforceable.
This is the same for parents who were never married, with the extra step involving the father establishing paternity. That must be completed before he can be ordered to pay child support.
If You Did Not Marry Your Child’s Other Parent, Do You Have to Go to Court For Child Support in New York?
Cases, where the parents of a child were never married, are a little different from cases where the parents were married. If the parents were never married, they will not be in court for a divorce. In divorce cases, there is a natural flow to custody and child support as part of the proceedings.
Under New York law, when two people have a child but were never married and the father has not established paternity, the mother automatically has sole custody, and the father has no rights to the child such as custody and visitation. He also has no responsibility to care for the child and he is under no obligation to pay child support.
Parents who were never married can certainly work together to agree on child support without ever stepping foot in a courtroom. However, while this is easier and less expensive than going before a judge, it also means that the agreement is not enforceable. In other words, if the other parent decides to stop paying child support, the court cannot enforce it and make them pay. No one can.
If the parent wants to make the delinquent parent pay the child support they owe, they are going to have to go to court to get an order signed by a judge. If the other parent has not yet established paternity, this will have to be done before any court proceedings can begin.
The order for child support will be served to the delinquent parent. If at that point the delinquent parent still refuses to pay the support they owe, the court can intervene, and the order can be enforced.
Can Either Parent Cancel Child Support in New York?
If a parent wants to terminate a child support order it will have to be done in court. They will have to go before the judge and give a good reason for canceling the child support.
Some of the reasons that a child support order may be terminated include:
- The child got married
- The child cohabitates with an intimate partner
- The wife or child passed away
- The child has established a residence away from the custodial parent
- The child has reached 21 years of age
- The child joined the armed forces
- The child has full-time employment and is self-sufficient
- The residential custody has changed to the non-custodial parent from the custodial parent
It is important for the non-custodial parent to be proactive and file the appropriate paperwork to terminate child support instead of waiting on the custodial parent to do it. The non-custodial parent is responsible for legally terminating the child support obligation.
Can parents agree to their own child support order in New York?
Parents can agree to their own child support obligation in New York, but if they are going through a divorce, the judge will have to review and approve it. In divorce cases with children involved, the judge always chooses what is in the best interest of the child. Because of this, the judge will review any agreements that the couple makes regarding the child. If he or she finds it appropriate, the order will be approved. If he or she does not feel it is appropriate, the order will be denied. Typically, the judge will step in and set the child support obligation.
Parents who are not married can also agree to their own child support obligation, but they would have to go to court to get an order. If they do not go through the court, the order is not enforceable. If the father has not established paternity, the court will not order him to pay child support. The judge will require him to establish paternity first.
Child support can get tricky and even the most amicable separations can turn ugly without notice. If you are dealing with non-payment of a child support agreement, you need a family law attorney who can help you get an enforceable order so that your child is properly supported.
You need the Litvak Law Firm. Call today at 718-989-2908 and talk to a member of our legal team and let us help you ensure that your child has what he or she needs and that your rights are protected.