When you are involved in a divorce or separation from your spouse and you have children under the age of 21, the non-custodial parent who is earning an income, has the current ability and capacity to earn an income or has sufficient financial resources to pay child support, has a legal obligation to pay child support. In New York the Supreme Court Judge or the Family Court Judge will determine the amount of child support for children under the age of 21, who are not emancipated, if the parents cannot agree on the amount of child support that should be paid by the non-custodial parent.
The New York Child Support Standards Act (CSSA) establishes a formula for determining the presumptively correct amount of child support to be paid by a non-custodial parent depending on the incomes of each spouse and the number of children. The CSSA also gives the judge discretion to modify the formula for determining a non-custodial parent’s child support obligation if the application of the formula would be unjust or inappropriate after considering several factors relevant to the child’s needs and the parents’ circumstances.
The determination of the correct and fair amount of child support and any enforcement proceedings to obtain child support can become complicated. At times the non-custodial parent is unemployed and/or not seeking employment. At times the non- custodial parent is not revealing all of the income he or she earns. At times the non- custodial parent owns a business and is not revealing all of the business income that he or she earns. It is not unusual to confront problems in calculating and obtaining the correct and fair amount of child support.
Consult With a Lawyer
If you are the custodial parent or the non-custodial parent who is involved in a child support proceeding you can call the Law Office of Jerold S. Slate at (845) 471-4141 to schedule a personal and confidential consultation concerning your issues involving child support.