It should go without saying that it is the parents’ responsibility to support their children until they reach the age of emancipation, which in New York is 21 years. Sometimes, parental obligation extends beyond that point. All that said, your former spouse has not been meeting his or her financial obligations as decreed by the Family Court of New York. If you require assistance in ensuring that your former spouse pays his or her fair share, please read on, then contact an experienced Suffolk County child support attorney to learn what you should know about enforcing child support in New York.
How does New York calculate child support?
The Empire State employs a fairly straightforward metric. Based on a couple’s combined gross income, i.e. the amount earned before taxes and deductions, a percentage will be calculated based on the number of children. The percentages are as follows:
- 17% for 1 child
- 25% for 2 children
- 29% for 3 children
- 31% for 4 children
- 35% for five or more children
How do you enforce child support in New York?
If one parent does not pay what they are legally required to, the other parent or the Support Collection Agency can file a support violation petition in Family Court. If the child receives public assistance, food stamps or Medicaid, the Department of Social Services may file the petition. Should the Family Court approve your petition, the non-paying parent may face the following penalties:
- Wage garnishments
- Wage assignments
- Contempt of court decrees
- Seizure of the non-payer’s property by writ of execution
In extreme cases, the court may issue an arrest warrant if the noncustodial parent fails to appear in court for a violation hearing or falls seriously behind in child support payments. In such cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months.
How can a Suffolk County family law attorney help you enforce child support in New York?
While New York’s Department of Child Support Enforcement can help enforce child support, you should reach out to a skilled Suffolk County, NY family law attorney who will file the correct paperwork and attend a hearing on your behalf. These matters may seem simple, but mistakes can be costly. If nothing else, they are time-consuming. A legal representative can fully apprise you of your rights and responsibilities. Our firm will also provide you with an honest assessment of your case and its likelihood of success. These cases can languish. Do not let yours be one of them. Give us a call today.
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Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.