Every state has different laws and different regulations regarding child support in their particular region of the country. Child support in NY is no different. The following are some rules and considerations that define the law of the state in its most basic form. No knowledge discussed here should be used in absence of legal counsel but should be used as a foundation of what to expect when entering into the child support in NY proceedings.
According to state statute, child support in NY must be paid in order to provide for a child until they are twenty-one years of age. While other states set the age requirement lower, New York is set at the early twenty age marker. This means that those children who do not become emancipated from their parents prior to this age must continue to receive support. Support must be provided to the custodial parent and not to some pets which are found, of which can be the mother or father depending on the situation or another legal guardian chosen to raise or represent the child throughout his or her growth years. There are many different reasons why a child can become classified as emancipated, and this is a topic to discuss with a lawyer regarding your child support payments in the state and also your legal obligation to your children.
When it comes to the role of stepparents in child support in NY, there are many different stipulations and considerations. A stepparent is not legally required to pay for any stepchild or child that is not biologically connected to them or their families, in most cases. The only time in which a stepparent can be required to pay any type of child support in NY is if the child is in danger of becoming a public charge. What this means is that if the child is going to become a ward of the state or financially reliant on the state government for support, a stepparent can be required to pay some funds in order to provide the child with the opportunity to avoid this predicament.
It is important to note that child support in NY is not stipulated or dependent upon marriage. A couple need not have been married prior to having children in order for the mother or father to receive support from the non-custodial parent. A primary custodian can petition the court for funds regardless of if they have ever been connected through marriage to the other partner. Further, a mother or father can seek child support in NY even if they are married to someone else. The biological responsibility carries heavy in this state and it is this that is the ultimate determinant of whether or not an individual will be getting the support they need or not.
With that said, there has to be an acknowledgement that both parents are the parents of the child. In most cases, as it may be obviously observed, the father must have signed the birth certificate to show that they not only are the father of the child but have acknowledged that they are. This is usually done at the hospital in which a father will sign the birth certificate showing that they are the father of the child and believe that they are biologically responsible for the child’s existence in the world. If the mother does not have this signature or a custodial guardian, there is another step in the process of receiving child support in NY. If the father chooses not to sign the papers or believes that they may not be the biological father of the child, then a mother will have to take any extra step. The mother must take the father to court in order to prove that he is the one that is responsible biologically for the child. This is done through paternity testing and doctor testimony, often, depending on what the case may be.
There are some instances where there is not a clear delineation of time spent between parents. In these cases, the child will spend a rather equal amount of time with both parents and the family. The result is that there can be no clear determination of who should receive the child support in NY and who will have the responsibility of paying. In these situations, it is up to the court to decide what is best for the child. A court will assess the time spent with the child by both parents and who appears to have the greatest physical role in providing for the child. The only way to do this, again, is through the court who will explain and rule on what the best outcome for the child is and who support must be paid to and when.
The best way to be able to navigate through the court systems and laws regarding child support in NY is to hire a qualified attorney to help you to do so. There are hundreds of lawyers that are well versed in the area of this type of family law in the state of NY. The key to selecting the right one for you and your particular concerns is to do your research. You will want to make sure that your lawyer has a familiarity with this type of law that can help you to achieve the outcome you want from a qualified professional. Further, you may also wish to make sure that the individual has a history of working with child support in NY cases. This is equally important to provide the experience needed, over and above the information provided by only knowledge of the law itself. Finding a lawyer that has an experience representing your side of the case is important to making sure that you can get everything you need and also that you can be prepared for what is to come. A qualified child support in NY specialist will talk to you about what is going to occur in court and what to expect emotionally and legally. The importance of an appropriate legal representation cannot be stressed enough.