Divorce New York Child Support

Divorce Papers > Divorce Child Support > New York

The money paid by a non custodial parent to the custodial parent for their child is called 'Child Support.' This is inclusive of the following.

• Payments in cash: This is decided on the basis of the requirements of the child and the income of the parent
• Medical support in the form of health insurance for the child
• Child care payments
• Money for reasonable health care expenses that are not taken into account by health insurance

Enforcement of Divorce New York Child Support

In order to collect overdue support, the following procedures are employed.

• Information regarding delinquent non custodial parents (NCP) is forwarded to the DTF (Department of Taxation and Finance) of this state. This department applies particular tax collection remedies
• Liens are filed on the real estate or awards or personal injury claims of the delinquent NCP
• The US state department and New York state division of Child Support Enforcement collaborate to avoid procurement or renew of a passport by the NCP
• Financial assets can be seized for satisfaction of overdue child support. Such assets are inclusive of bank accounts
• Interception of New York State lottery winnings
• Information of the delinquent NCP is passed on to the major consumer credit reporting agencies. As a consequence of this step, the NCP faces hurdles to obtain a loan or any other credit till the support payments are done
• Interception of state and/or federal income tax refund

For collection of current or overdue child support, the methods mentioned below are employed.

• Let us assume that the NCP is getting UIB (Unemployment Insurance Benefits) from the Department of Labor in this state. In such cases, the child support payment is automatically subtracted from this amount
• The support payment is subtracted from the wages or other income procured from the employer or income payer of the NCP

• The first step is that the court finds out the gross income of the parent
• The court makes certain deductions from this amount. These are Social Security, Medicare and New York City or Yonkers tax. The balance so obtained is termed as 'adjusted gross income'
• This 'adjusted gross income' is multiplied by the following percentages to obtain the child support amount
  • If there are 5 or more children, then minimum 35 percent
  • If there are 4 children, then 31 percent
  • In case of 3 children, 29 percent
  • For 2 children, 25 percent
  • If the couple have only1 child, then 17 percent

Details regarding Court Hearing in New York Child Support

• Each parent should carry with him/her their paycheck stubs, W-2s, latest tax returns and any other documents pertinent to the present income
• The hearing examiner or judge uses the above documents of both parents along with any other data presented by these parents to determine the exact support amount
• Let us consider that the husband in the case has remained absent for the hearing. Then, the court announces that this person is the father of the child. Moreover, it issues orders that this father must disburse the support amount
• When the father is absent, the court decides the support amount on the basis of whatever is the greater amount of the following
  • The standard of living or requirements of the child
  • What the court thinks is the income of this parent

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