Child support is intended to provide for a child’s needs such as food, shelter and other basic necessities as well as support their standard of living. In New York, parents are required to support their children financially until they are 21 years old, which includes providing the child with health insurance coverage.
It applies in all circumstances except where the child is under 21 years old and is emancipated, meaning he or she is married, self-supporting or in the military.
Support calculations and modifications
Child support payments are calculated based on both parents’ income. The cost of health insurance, child care, health-related expenses not covered by insurance and education costs are also considered.
Sometimes, a parent who is paying child support may need to change it. This is called a modification and is most often requested because of a significant change in income since the support was calculated.
However, it’s important that the parent doesn’t simply stop paying the child support. He or she must petition the court to modify it and must demonstrate that the request is because of a material change in circumstances.
If the parent does not pay child support, he or she may face garnishments, income tax intercepts, liens and may be reported to credit bureaus, among other penalties. There may be several actions taken at the same time, depending on the amount of the past-due payment and how long the parent has not paid.
If a parent needs help with child support matters, an experienced attorney can offer guidance and advice.