what age do you have to pay child support until
FAQs (Frequently Asked Questions)
- Until What Age Is a Parent Obligated to Support a Child?
- Who May File a Petition for Kid Support?
- Do the Parties Need to Be Represented by Lawyers?
- What Documents must Exist Brought to Court?
- What Happens at the Hearing?
- What If the Parties Disagree with the Back up Magistrate'south Order?
- What Happens If the Respondent Does Not Pay the Lodge?
- Tin the Order Be Inverse?
- What If a Custodial Parent Is Seeking Support from a Parent Who Lives Exterior of New York State, or in a Canton in New York State That Is Far from the Child'due south Dwelling Canton?
- Can a Petition Exist Filed Against a Husband or Wife for Spousal Back up?
Until What Historic period Is a Parent Obligated to Back up a Kid?
In New York Land, a child is entitled to be supported by his or her parents until the age of 21. Withal, if the child is under 21 years of age, and is married, or self-supporting, or in the armed forces, the child is considered to be "emancipated" and the parents' support obligation ends.
A child may also be considered "emancipated" if he or she is betwixt 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.
Who May File a Petition for Child Support?
When parents live separately and one parent has custody of the child, that parent, called the "custodial parent", may file a petition in Family Courtroom request the courtroom to enter an order for the "non-custodial parent" to pay child back up.
A child who is not emancipated and is living abroad from both parents may file a petition confronting his or her parents asking for an society of support to exist paid to the child.
When a child is receiving public assist benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition confronting the not-custodial parent or parents request that the court enter an order for child support to be paid to the government agency while information technology continues to pay benefits for the child.
The party filing the petition is chosen the "petitioner" and the party from whom back up is sought is the "respondent". The petition must be served upon (delivered to) the respondent, together with a summons indicating the date of the court hearing.
At that place are no filing fees in Family unit Court.
Do the Parties Demand to Exist Represented past Lawyers?
The parties may hire lawyers to represent them or may speak for themselves without a lawyer.
Where a party cannot afford to rent i, the court will assign a lawyer at no cost, only when it is alleged that at that place has been a violation of the gild and a political party is in danger of going to jail.
CourtHelp - Lawyers & Legal Aid
What Documents must Be Brought to Court?
The parties must provide copies of their virtually recently filed taxation returns, some recent pay stubs, and a completed financial disclosure argument showing their earnings and expenses. The parties should as well bring to courtroom proof of their expenses, such every bit rent, nutrient, clothing, medical costs, child care, education and the price of supporting other children.
What Happens at the Hearing?
A "Back up Magistrate" conducts the hearing, taking testimony from both sides concerning their income and expenses and the cost of supporting the child. The parties can present evidence and witnesses and cross-examine each other and the witnesses. The Support Magistrate calculates how much support the not-custodial parent must pay to the parent with custody, and sets a schedule for regular payments. Payments may exist paid directly to the petitioner or through the Support Collections Unit of measurement ("SCU"). SCU, which is not part of the court, will then ship the money to the petitioner.
There is an informative twenty minute video which, in a footstep by pace mode, will take you lot through the process of a paternity or child support proceeding in the New York Country Family unit Courtroom. You volition learn what documents are necessary and what to expect in the court room.
"What You Need to Know About Child Support Hearings and Services" (Video)
What If the Parties Disagree with the Support Magistrate's Order?
Both parties have the right to entreatment the order by filing an "objection" within 30 days of the date the order is sent to them. The objection must be filed with the courtroom clerk's role, with a copy sent to the other party. The other political party may transport a respond to the court. Later on reviewing the instance file, a guess then rules on the objection. The judge may exit the order equally it is, alter it, or send the case dorsum to the Support Magistrate for further proceedings. If either party disagrees with the judge's decision, the case may be appealed to a college court.
What Happens If the Respondent Does Not Pay the Order?
The petitioner may file a "violation petition" asking the courtroom to take action confronting a respondent who fails to pay a support order. The petition must be served upon (delivered to) the respondent. A hearing is then held to decide whether the respondent has violated the court'southward guild. The Support Magistrate may enforce the club by directing SCU to take the payments directly from the respondent's paycheck, gild the respondent to pay a lump sum toward back monies owed, or take other steps to collect the money owed.
A respondent who falls behind in payments as well risks having his or her driver's license or professional and concern 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 exist jailed for upward to vi months, for antipathy of courtroom.
You can utilise the gratuitous and like shooting fish in a barrel DIY Form plan to make your petition to ask the Family Court to take activeness confronting a respondent who fails to pay a back up club.
*DIY (Do-It-Yourself)
Tin can the Order Exist Changed?
If at that place is a change in circumstances, either political party has the right to file a petition to modify the society. The party seeking a alter in the order must file a modification petition containing a statement explaining the change. The petition and a summons must be served upon (delivered to) the other party. The court so holds a hearing to consider changing the lodge.
Orders paid through the Support Collections Unit of measurement volition be reviewed automatically every iii years for possible "adjustment" (change), upon request of either political party, and in all cases where the person with custody of the child receives public assistance for the child. The parties are notified of their right to asking that SCU review the order, and, post-obit the review, are each notified of the possible change in the order. If they disagree with the proposed new guild, they may asking a hearing earlier a Support Magistrate, and a new Support order volition be established.
You tin can apply the gratis and easy DIY Course program to make your petition to ask the Family unit Court to change your support order.
*DIY (Do-It-Yourself)
What If a Custodial Parent Is Seeking Support from a Parent Who Lives Exterior of New York Country, or in a County in New York State That Is Far from the Child'southward Dwelling house County?
If the custodial parent lives in one state and seeks back up from the other parent who lives exterior of that country, an inter-state case may be filed in the Family unit Court, nether the Uniform Interstate Family Support Deed (UIFSA). A UIFSA case may also be filed in Family unit Court when the parents reside in two different counties within New York Country which are not located side by side to ane another. A New York City petitioner may file the case in the Family Court in his or her home county, and the petition will be sent to the court in the respondent's state or county. The respondent is then served with the petition and appears in court in his or her home state or county. The petitioner is not required to appear in the other court where the respondent lives. A local urban center or county attorney volition appear in that location to correspond the petitioner at the support hearing.
If the kid resides outside of New York State, or in a canton far from New York City, and the respondent lives in New York Metropolis, the custodial parent may file a petition in his or her home state or domicile county. The respondent will be served and be required to appear in the Family Court in his domicile county, while a lawyer from the New York Metropolis Law Section represents the out-of-country or out-of-county petitioner.
The hearing is held in the same style every bit a back up case filed within New York Urban center, but documents and bear witness are exchanged through the post or by fax.
Tin a Petition Be Filed Against a Hubby or Wife for Spousal Support?
In New York Country, a married person may file a petition in Family unit Court seeking spousal support from a current married man or wife. While a divorced person may not seek a new order of support from an ex-spouse in Family Court (that would be done in the state Supreme Court), a petition may exist filed seeking to modify an already existing order for an ex-spouse.
The petition and summons must be served upon (delivered to) the respondent. A hearing is then held before a Back up Magistrate, where the parties must present evidence of their income and expenses, and may present witnesses to prove. The Support Magistrate decides whether to gild the respondent to pay spousal support for the petitioner and, if so, how much.
Source: http://ww2.nycourts.gov/COURTS/nyc/family/faqs_support.shtml
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