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Collecting child support in New York: What you need to know

On Behalf of | Nov 29, 2022 | Child Support |

If you are divorced or separated and have physical custody of your child, you may need some financial assistance to raise them. Instead of the annoying back and forth with the other parent over your child’s needs, you can file for and collect child support in New York to make raising them a little simpler.

Child support laws in New York

New York family courts will always rule in favor of the child regarding financial support. Under the law, both parents are responsible for providing the financial resources that their child needs to live a healthy and comfortable life. Therefore, the court will consider things such as your income, the other parent’s income, custody arrangements and any health insurance premiums when determining how much money they should pay in child support.

How to get started

To begin filing for and collecting child support, you must first decide whether you want to file in a family court or a Supreme Court. The Supreme Court handles more complex cases, for example, if you seek an award of retroactive support or enforce a foreign judgment. At either court, you will need to file a petition for child support and provide supporting documents such as income verification and proof of custody.

The next step is waiting for the other parent to respond. However, if they do not respond within 30 days, the court may make a default decision in your favor. If that happens, the other parent will pay child support according to New York’s state guidelines until the court releases an official order.

After the court has made an order and the other parent has begun making payments, it is essential to keep track of all payments received. The court will also require both parties to provide periodic income statements to adjust the support amount based on any changes in income or circumstances.