When you have a child with someone, you understand that this is a lifelong commitment and that you will be financially responsible for supporting your child until they turn 18 at the very least. However, if you divorce or are no longer with the child’s other parent, understanding support options is critical. Generally, the non-custodial parent is responsible for making payments to the other to help aid in the financial rearing of a child. However, if your spouse does not want to cooperate, it’s important to connect with a Nassau County child support lawyer who can help guide you through these complex times. The following blog explores more about this matter, such as whether child support is mandatory, how payments are determined, and what to do if your spouse refuses to pay.
How Are Support Payments Determined?
In New York, child support payments are calculated based on several important factors. Generally, the most important factors are the custody split between the parents and how much income each party earns. As such, the courts will take each parent’s income, how much time they spend with the child, and how many children they have. Generally, if you have one child, 17% of the combined income of both parents will be dedicated to paying child support. That 17% will then be split according to your percentage of the combined income.
However, while this formula is often the basis for calculating payments, the courts will consider other factors, such as the physical and emotional needs of the child, the standard of living the child had before the divorce, and any additional costs incurred as a result of the divorce.
Are Child Support Payments Mandatory?
In New York, child support payments are mandatory. In many instances, parents may create their own agreement that deviates from the Child Support Standards Act (CSSA) used in New York to calculate these payments. However, a judge must still approve the payment amount determined by the parents.
It’s also important to note that even if both parents wish to waive child support payments, the courts will not allow this. This is because the courts believe it’s in the best interest of the child to receive support from both parents, just as they would if the parents were still together.
What Should I Do if My Spouse Isn’t Making Payments?
If your spouse is not making payments when they are supposed to or continually skips payments, you do not have to sit idly by. As previously mentioned, these payments are made to help support the child, so doing everything you can to get the funds they deserve is critical. You should document each instance of a late or missed payment and contact your attorney.
Your attorney can petition the court to take legal action against your ex-partner. For example, they may be court-ordered to pay the total amount you are owed. If they still refuse to comply, a judge may order their wages to be garnished, meaning a portion of their paycheck would be automatically deducted and paid to you as child support. In serious instances, they may be found in contempt of court and face legal consequences.
Child support is a complex and often contentious matter. As such, it’s in your best interest to connect with an experienced attorney who can help you through these matters to provide the best life possible for your child. Luckily, the team at Barrows Levy PLLC is ready to help. Contact us today to learn more.
