Child support laws vary state to state, if you are located in the state of New York and dealing with an upcoming child support case, it’s important for you to take a moment and familiarize yourself with some of the most important child support laws in NY, and how they can affect you when the time comes. Whether you’re the father or mother, child support laws a designed to keep the child safe and out of harm’s way while enduring a difficult experience in their life.
With that being said, here are 6 things you should know about New York Child Support Laws:
In child custody decisions, New York state law requires courts to take account of the individual facts of each case, the circumstances of each party, and the best interests of the child. This is pretty cut and dry, essentially stating that the courts will look into both sides of the child’s life to ensure their safety.
The New York State Child Support Unit states they aren’t required to use current wages, but estimated based on your earning potential for child support. This means that the state has the ability to garnish your overall or potential earnings, and not what your paycheck is reporting. So if you make 7.75$ an hour at your job, but the courts feel you can or make more, they have the ability to increase that percentage based on their findings.
New York State law currently prohibits individuals incarcerated in prison from obtaining modifications to their child support orders while incarcerated. This is a troubling law, as it forces those parents returning to society to have to deal with a huge amount of debt and responsibility while starting a new.
At the age of 18, a child / adult does not have to take orders from the state for child custody and visitation. This is a more basic law, stating that at the age of 18, the child is an adult and isn’t required to attend visitation or consultation.
A respondent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court.
Do I need a lawyer for a family court custody or visitation case? That’s going to be up to you. Only you can decide whether or not this will help, and you do have a right to hire a lawyer for your needs. If you cannot afford a lawyer, the court can appoint one to you free of charge if they decide that you qualify.