Frequently Asked Questions About Child Support
All parents are legally responsible to provide for their children. Divorce or legal separation create complications to insure children have the necessities.
Most parents in this situation have a number of questions regarding child support, how it is determined, how much the payment will be, etc. To get the answers you need, talk with an experienced attorney from Venzon Law Firm PC. Serving Buffalo, Niagara Falls and all of Western New York, we have been helping clients in all types of maintenance and support issues and other family law matters since 1984.
How is the amount of child support determined?
In the state of New York, child support is determined as a percentage of parental income based on the number of children in need of support. This equation gives the court a range within which to establish a child support payment amount. However, there are opportunities to petition the court to deviate from this range if the circumstances merit.
What if there is a question of who the father is?
If the father signs an acknowledgement of paternity at the time of birth, that person is considered the biological father unless it can be proven otherwise. If there is any question of paternity, an Order of Filiation can be requested to determine whether someone is the father.
Child support can only be ordered by someone who is considered the legal father of the child, either through acknowledgement of paternity or an Order of Filiation.
Can we change the support arrangement after it is finalized?
Yes, in many cases. Like any other part of a divorce or separation order, if there are substantial changes in circumstances, we can file petition with the court for a modification of child support orders. This requires a significant change in circumstances, such as a job loss, serious health issues and medical costs, the child’s special needs, and other serious issues.
What if the other parent is not paying child support?
When one of the parents is not paying child support, it can be enforced through a number of actions, including driver’s license revocation, denial of passports, seizure of property and credit reporting.