Raising a child is expensive. We want to give our children the best of everything, but if you are a single parent trying to do it all on your own, you may be having trouble meeting your child’s basic needs. In New York, the law says that both parents are responsible for financially supporting their children.
It might be time to file for child support.
Is child support mandatory in NY?
New York law requires both parents to financially support their child until that child reaches 21 years of age. Health insurance coverage is also required and is part of the child support order. The parent ordered to pay the support is legally required to provide health insurance for their child until the child is 21 years old.
The only time that a parent is not legally required to support a child who is younger than 21 is if:
- The child is married
- The child is in the military
- The child is self-supporting
If any of these pertain to the child then the child is considered to be emancipated. This releases the parents from the obligation of supporting the child.
If the parents are divorced, then the non-custodial parent is usually required to pay child support. If the parents were not married then the non-custodial parent is required to pay child support once paternity is established.
Who can file for child support in New York?
If the child lives with one parent most of the time, they are the custodial parent and can file for child support. If a grandparent or stepparent has guardianship or legal custody, they can file for child support as well. Ultimately, whoever has legal custody of the child, including a non-parent, and the child lives with them the majority of the time, they are entitled to receive child support and can initiate the process by filing for it.
What’s more, if the child does not live with either parent, but is not emancipated, then the child can file to receive child support.
If a child is receiving public assistance or is in foster care, the Department of Social Services can file for support against either or both parents, depending on the situation.
Should you file for child support while pregnant in New York?
If the parents split before the birth of their child, the pregnant mother is often left to bear the financial responsibilities that come with not only being pregnant, but also with preparing for the child to be born. However, in the State of New York, the child must be born in order to start the child support process.
If the mother applies for Medicaid while she is pregnant, her medical needs will be met and she will receive two child support services automatically. The first is to receive medical support, and the other is to establish parentage. As a Medicaid applicant who is pregnant or whose child is younger than 2 months, it is not necessary to apply for child support services.
Services to enforce or to establish child support are available to public assistance recipients, as are legal services. All of these resources are provided to the pregnant mother and all individuals receiving public assistance. So, while the pregnant mother may not be able to file for child support, she is supported before birth, and once the baby is born, she can begin receiving child support payments.
Can you file for child support if the father has not established paternity?
Child support, visitation, and custody cannot be ordered until the establishment of paternity. However, a petition for any of these can be filed while the paternity case is pending, but the judge cannot issue the order until the paternity case is complete, and paternity is established.
Can a parent file for child support even if they are able to support the child on their own?
If the custodial parent is financially able to support the child on their own, they can still file for child support against the non-custodial parent. It doesn’t matter that they don’t need financial help from the other parent, the law states that both parents are responsible for supporting the child. Therefore, the other parent must fulfill that responsibility in order to comply with New York law.
Can a parent file for child support even if the parents live together?
Under New York law both parents are responsible for financially supporting their child. If the parents live together and one parent refuses to financially support the child, the other parent can file for child support and legally require them to pay.
Who pays child support if the child is in foster care?
If a child is in foster care, both parents are responsible for paying child support.
How do you file for child support in New York?
The first step in filing for child support in New York is to establish the paternity of the legal father. There are two ways that this can be accomplished:
- An Acknowledgment of Paternity is signed by both parents
- A paternity case is initiated, and the court signs an Order of Filiation
Once the order of Filiation is signed, a child support case is automatically started.
If the parents were married or if paternity has already been established, the custodial parent files a child support petition in Family Court. There is no filing fee.
On the petition, the person who files is the Petitioner, and the person against whom it is filed, the other person named on the petition, is the Respondent.
Once the petitioner files the petition, they must have the respondent served with the petition, a summons, and the financial disclosure form. This is typically done through the court at the time the petition is filed.
The summons contains information on the child support hearing in family court, such as the date, time, and place. If the respondent does not show up on the court date, they lose the case by default.
Both parties have the right to hire their own attorneys. In some cases where one of the parties is not able to afford an attorney, the court may assign one pro bono.
How long does it take to get child support in New York?
It may take a few weeks to schedule the hearing in court and serve the respondent. However, once the child support order is signed, payments can begin rather quickly. Sometimes the judge will require the respondent to make a payment right away. Other times it may be a couple of weeks out.
The child support order will contain the dates that the payments are to be made and when they will begin. Typically, it is within a month.
Do you have to go to court for child support in NY?
There is a hearing that is set when the child support petition is filed. This is where the judge will review the information, including the respondent’s financial information, and determine the amount of support and when it is to be paid. It is necessary for both parties to appear at this hearing.
Can you file for child support if you don’t know where the non-custodial parent is?
The custodial parent can still file for child support even if they don’t know the location of the non-custodial parent. There are non-profit agencies and state resources that will use local, state, and federal information and resources to aid in locating the non-custodial parent.
How much child support does a person have to pay?
Child support is determined by several factors. First, both parents’ gross income is combined. Some deductions are made such as social security and certain taxes. That is the net income of the parents, and it is the amount that will be used to calculate child support.
A percentage is then applied according to the number of children there are:
- 1 child – 17%
- 2 children – 25%
- 3 children – 29%
- 4 children – 31%
- 5 children – 35% or more
These percentages represent the lowest child support payment.
Then each parent’s proportional share is calculated and the child support amount is assigned.
Child support laws in New York are very complex. If you are dealing with child support, don’t try to do it alone. Get the legal representation that you need to get the best outcome for your case. Call the Litvak Law Firm today at 718-989-2908 to get started.