Collecting child support and enforcing your child support rights are important steps in ensuring that your child’s needs are met. If a non-custodial parent is not paying child support, it is important that the problem is dealt with quickly and appropriately.
Collecting Child Support in New York
Collecting child support in New York is a process that every custodial parent must go through. The court does not make provisions for paying child support unless the parents agree to share the costs and, in many instances, a New York state does not even have enough funds to cover the cost of providing child support payments for non-custodial parents. It is important for you to realize that collection of these monies is a serious matter and should not be taken lightly. The first step to collecting child support in New York is to file the initial request for an order with the courts.
After receiving your initial order for collecting child support, you will then be assigned an attorney who will work diligently on your behalf to achieve the best possible outcome for you and your children. If you are having difficulty collecting child support, it may be to your benefit to work with an experienced legal aid service who can represent you while you begin the court process. This will give you the best chance of obtaining the amount of support you need and working with your custodial parent to establish a reasonable arrangement for you to pay. In some cases, the court may order a weekly income check for you so that you do not have to worry about providing over-the-counter cash payments to your custodial parent.
Another option for collecting child support in New York is to attempt to work out an amicable agreement between you and your non-custodial parent. Often, if the custodial parent is willing to try and work with the non-custodial parent, they might be willing to agree to a trial withholding of some of the funding. This can keep the non-custodial parent from directly contributing any of their funds to support for your child. You would be required to appear before a judge and provide solid documentation of why the withholding is necessary and how this will affect the welfare of your child or children.
New York Child Support Lawyer
New York Child Support Laws vary from state to state and can be difficult for the non-custodial parent to understand. The law was enacted in the courts as part of the family code and is part of family law. According to the New York State Constitution, “the court may order any child or children of the dependent to the other parent, or any parent or children of the dependent to the other parent, of either or both degrees.” In some circumstances, the court may order joint-care, depending on the individual circumstances of each case.
Most of all, the new York state child support laws attempt to prevent an upward modification of the child support obligation by preventing the oblige from deducting payments or increasing the amount of payments during the term of the agreement. This prevents parents from taking advantage of the non-custodial parent’s ignorance about the exact rules that govern the obligation. The oblige is allowed a certain amount of “downward modification” in New York if the custodial parent does not meet the required financial obligations as described in the parenting plan. A downward modification can result in the decrease of the amount of child support paid, an increase in the amount of child care costs, or a combination of the two.
If you are involved in a New York child support case and require help with determining whether or not you qualify for a downward modification of your obligation, you should seek out the advice and representation of a New York child support lawyer. Not only will a lawyer be able to tell you what is likely to happen in your situation, but they will also be able to give you the necessary advice to make your best financial decisions and reduce your child support payments. If you are unable to work out a payment plan with your custodial parent that you both agree upon, you may be able to get a court order that requires the non-custodial parent to pay you a portion of your New York child support payments. Having a lawyer on your side is a wise choice that can save you thousands of dollars and hours of time spent negotiating for an arrangement that is right for you.