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Child Support |
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Child
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Child support
are payments made to a parent
for the children's necessities
such as food, medical expenses,
education, health insurance,
day care
and living expenses.
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If you have
questions or
problems regarding
child support,
please call
(518) 218-7100 24
hours, 7 days a week or
email
support@tullylegal.com
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To whom child support is paid
In
cases of divorce, child support is paid to
the parent with primary physical custody. In
cases where the two parties are not married,
the paternity of the father must be
established in court prior to the entry of
an order of support.
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Court Jurisdiction
Matters of child support are usually handled
in Family Court of the County in which the
children reside. However, in divorce
cases, decisions regarding child support can
be made in the Supreme Court in the County
the parent(s) reside.
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Duration of Child Support
Typically child support is paid until the
child reaches age 21, unless there is an
earlier emancipation.
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Amount Determination
In New
York, child support is based on a formula
and guidelines pursuant to the Child Support
Standards Act (CSSA). These guidelines
consider the number of children the parent
has a legal responsibility to support and
that parent's income. To set a different
amount, either higher or lower, there needs
to be a compelling reason to deviate from
the CSSA.
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Child Support Modification
The amount of child support can be modified.
The Court can increase, decrease, or end
support if there has been a change of
circumstances. Non-covered expenses such as
day care or health insurance can be included
in an order for child support. If either
parent is experiencing extreme financial
hardship the Court may modify the order. In
addition, if the court-ordered custody or
visitation agreement changes significantly,
child support may be modified. The
restriction or blocking of visitation is not
a valid reason to stop paying child support.
Likewise, if a parent is behind on child
support, it is not a valid reason to stop
visitation. Child support and visitation are
two separate matters and serve two different
purposes.
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Unable to Pay Child Support
Sometimes there are extenuating
circumstances where you are unable to pay
your child support. Since child support is
court imposed, it is not a wise decision to
abruptly stop paying. If you are unable to
pay, call your attorney to develop a course
of action. To avoid possible jail time or
additional fines it is best to contact the
Court as soon as possible. Although it is
difficult to demonstrate, under extreme
financial hardship, the Court may
temporarily change the child support order.
The
Court can order that support be taken
directly out of wages. If the Department of
Social Services is collecting the support, a
parent's tax refund check could be held.
Moving out of state will not allow a parent
to avoid paying child support. Voluntary
unemployment is also not a valid reason to
stop child support.
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Refusing to Pay Child Support
Unless
there is a Court order directing otherwise,
child support should be paid. If you are
entitled to child support and the other
parent is refusing to pay, do not retaliate
by withholding visitation, or getting into a
physical or verbal confrontation, contact
your attorney as soon as possible. If you do
not not have a support order, a Court can
help enforce the support agreement. The
right of the child to receive adequate
support comes ahead of a parent's right to
visitation.
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Tully, Rinckey & Associates, PLLC
Attorneys & Counselors at Law
ALBANY OFFICE
-
441 NEW KARNER ROAD
- ALBANY NY,
12205 - PHONE:
518-218-7100
- FAX:
518-218-0496
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Rinckey and Associates, PLLC
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