How long does a parent have to pay child support

Child And/Or Spousal Support | NYCOURTS.GOV

FAQs (Frequently Asked Questions)

• Until What Age Is a Parent Obligated to Support a Child?
• Who May File a Petition for Child Support?
• Do the Parties Need to Be Represented by Lawyers?
• What Documents must Be Brought to Court?
• What Happens at the Hearing?
• What If the Parties Disagree with the Support Magistrate's Order?
• What Happens If the Respondent Does Not Pay the Order?
• Can the Order Be Changed?
• What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?
• Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

Until What Age Is a Parent Obligated to Support a Child?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.

Who May File a Petition for Child Support?

When parents live separately and one parent has custody of the child, that parent, called the "custodial parent", may file a petition in Family Court asking the court to enter an order for the "non-custodial parent" to pay child support.

A child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child.

When a child is receiving public assistance benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter an order for child support to be paid to the government agency while it continues to pay benefits for the child.

The party filing the petition is called the "petitioner" and the party from whom support is sought is the "respondent". The petition must be served upon (delivered to) the respondent, together with a summons indicating the date of the court hearing.

There are no filing fees in Family Court.

Do the Parties Need to Be Represented by Lawyers?

The parties may hire lawyers to represent them or may speak for themselves without a lawyer.

Where a party cannot afford to hire one, the court will assign a lawyer at no cost, only when it is alleged that there has been a violation of the order and a party is in danger of going to jail.

CourtHelp - Lawyers & Legal Help

What Documents must Be Brought to Court?

The parties must provide copies of their most recently filed tax returns, some recent pay stubs, and a completed financial disclosure statement showing their earnings and expenses. The parties should also bring to court proof of their expenses, such as rent, food, clothing, medical costs, child care, education and the cost of supporting other children.

What Happens at the Hearing?

A "Support Magistrate" conducts the hearing, taking testimony from both sides concerning their income and expenses and the cost of supporting the child. The parties can present evidence and witnesses and cross-examine each other and the witnesses. The Support Magistrate calculates how much support the non-custodial parent must pay to the parent with custody, and sets a schedule for regular payments. Payments may be paid directly to the petitioner or through the Support Collections Unit ("SCU"). SCU, which is not part of the court, will then send the money to the petitioner.

There is an informative twenty minute video which, in a step by step manner, will take you through the process of a paternity or child support proceeding in the New York State Family Court. You will learn what documents are necessary and what to expect in the court room.

"What You Need to Know About Child Support Hearings and Services" (Video)

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days of the date the order is sent to them. The objection must be filed with the court clerk's office, with a copy sent to the other party. The other party may send a reply to the court. After reviewing the case file, a judge then rules on the objection. The judge may leave the order as it is, change it, or send the case back to the Support Magistrate for further proceedings. If either party disagrees with the judge's decision, the case may be appealed to a higher court.

What Happens If the Respondent Does Not Pay the Order?

The petitioner may file a "violation petition" asking the court to take action against a respondent who fails to pay a support order. The petition must be served upon (delivered to) the respondent. A hearing is then held to decide whether the respondent has violated the court's order. The Support Magistrate may enforce the order by directing SCU to take the payments directly from the respondent's paycheck, order the respondent to pay a lump sum toward back monies owed, or take other steps to collect the money owed.

A respondent who falls behind in payments also risks having his or her driver's license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted.

If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court.

You can use the free and easy DIY Form program to make your petition to ask the Family Court to take action against a respondent who fails to pay a support order.

*DIY (Do-It-Yourself)

Can the Order Be Changed?

If there is a change in circumstances, either party has the right to file a petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change. The petition and a summons must be served upon (delivered to) the other party. The court then holds a hearing to consider changing the order.

Orders paid through the Support Collections Unit will be reviewed automatically every three years for possible "adjustment" (change), upon request of either party, and in all cases where the person with custody of the child receives public assistance for the child. The parties are notified of their right to request that SCU review the order, and, following the review, are each notified of the possible change in the order. If they disagree with the proposed new order, they may request a hearing before a Support Magistrate, and a new Support order will be established.

You can use the free and easy DIY Form program to make your petition to ask the Family Court to change your support order.

*DIY (Do-It-Yourself)

What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?

If the custodial parent lives in one state and seeks support from the other parent who lives outside of that state, an inter-state case may be filed in the Family Court, under the Uniform Interstate Family Support Act (UIFSA). A UIFSA case may also be filed in Family Court when the parents reside in two different counties within New York State which are not located next to one another. A New York City petitioner may file the case in the Family Court in his or her home county, and the petition will be sent to the court in the respondent's state or county. The respondent is then served with the petition and appears in court in his or her home state or county. The petitioner is not required to appear in the other court where the respondent lives. A local city or county attorney will appear there to represent the petitioner at the support hearing.

If the child resides outside of New York State, or in a county far from New York City, and the respondent lives in New York City, the custodial parent may file a petition in his or her home state or home county. The respondent will be served and be required to appear in the Family Court in his home county, while a lawyer from the New York City Law Department represents the out-of-state or out-of-county petitioner.

The hearing is held in the same manner as a support case filed within New York City, but documents and evidence are exchanged through the mail or by fax.

Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. While a divorced person may not seek a new order of support from an ex-spouse in Family Court (that would be done in the state Supreme Court), a petition may be filed seeking to modify an already existing order for an ex-spouse.

The petition and summons must be served upon (delivered to) the respondent. A hearing is then held before a Support Magistrate, where the parties must present evidence of their income and expenses, and may present witnesses to testify. The Support Magistrate decides whether to order the respondent to pay spousal support for the petitioner and, if so, how much.

When Does Child Support End?

Not knowing when child support ends can be concerning, especially if you're the parent who is receiving the child support. In most states, child support ends when the child reaches age 18, goes off to college, dies, or gets married. Some states, however, allow child support to continue beyond the age of 18 in certain circumstances, such as if the child is still living at home and attending high school, or if the child has special needs.

When child support ends for you is an important question because there are steps you may have to take if you want to terminate court-ordered child support obligations or continue them beyond the age of 18. Failure to do so means you could end up making payments beyond the actual child support end date or getting cut off from support when you need it the most.

Child Reaches the "Age of Majority"

Legal guidelines in all states allow child support to end when the child reaches the age of majority. The "age of majority" refers to the legal age established under state law when an individual is no longer a minor and can make certain legal decisions on their own behalf.

In most states, child support ends when a child turns 18 or graduates from high school, whichever occurs first. In other states, the age may be 21. Because the age of majority varies so widely from state to state, it is important to check the laws of your particular state to see which age applies, and whether there are any other circumstances that would extend child support.

Child Becomes "Emancipated"

The term "emancipation" refers to a court process through which a minor becomes self-supporting and no longer requires the financial support of his or her parents. A minor may become "emancipated" before the age of majority, when he or she gets married, joins the military, leaves home or becomes economically independent. Under such circumstances, a parent no longer has the obligation to provide child support.

Child Support Beyond the Age of Majority

College Support

Some states allow child support to continue even after the age of majority when the support is used to pay for a child's education, such as to attend colleges, universities and post-secondary institutions. Moreover, if a child lives in a state that does not award college support, a parent may include provisions for it in their child support agreement.

Support for Special Needs

Courts make exceptions for additional child support for parents who are caring for children who are disabled or who have special needs. Since courts often look at disability in terms of economic hardship, a parent is usually allowed to receive support -- even beyond the age of majority -- to adequately care for a disabled or special needs child.

Child Support Modification

Sometimes life events such as job loss, injury, or change in marital status or household income may call for a change in the current child support arrangement. When this happens, parents may seek a child support modification order to help lower child support payments or get more child support. A child support modification is a judicial order and can significantly reduce or increase the amount of support a parent gives or receives.

Procedure for Ending Child Support

Child support payments do not end automatically. The person who is obligated to make child support payments must request for their child support obligation to end once the child reaches the age of majority or a minor child becomes emancipated.

To find out whether your obligation to pay child support is ending, you can contact the child support agency in your state for help in determining your child support end date, or speak with an attorney to discuss your specific rights and responsibilities.

When Does Child Support End for You? Find out with an Attorney's Help

Figuring out when child support ends is crucial. Judges are bound by the laws of each individual state and it is best to seek legal advice for your specific situation. Get started today by speaking with a family law attorney in your area with expertise in child support matters.

From What Date Are Alimony Accrued?

As a general rule, the court awards maintenance in favor of the plaintiff and his child from the date the claim was filed. Not from the date of the issuance of a judicial act or its entry into force, but precisely from the moment the court office received a claim for the forced collection of funds for the maintenance of children.

Can I apply for maintenance for the past period?

dated 07/02/2021) Alimony for the past period may be collected within a three-year period from the date of filing with the court, if the court established that prior to applying to the court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obliged to pay alimony from their payment.

How is child support calculated from the date of application?

Article 191 indicates that the accrual of alimony begins by a court decision from the date when the statement of claim was filed with the court. If this time was preceded by a period during which the parent did not receive any assistance, he may claim early support .

What date is child support due?

The employer must transfer alimony under a writ of execution within three working days after the salary is paid. At the same time, before deduction, the accountant must check from which payments this employee can pay alimony . From some types of income that an employee receives, it is impossible to withhold alimony .

How soon do child support payments start?

- According to Article 107 of the Family Code of the Russian Federation, Alimony is awarded from the moment of applying to the court, that is, from the date of filing the statement of claim (application for the issuance of a court order). Also, in the case of recovery of alimony , the court has the right to make a decision on recovery of alimony before the court makes a decision, the lawyer noted.

Can I apply for child support for the previous 3 years?

If the applicant has previously taken measures to obtain funds for the maintenance of the child, but they did not bring results, the court may recover alimony for the previous three years (clause 2 of article 107 of the Family Code of the Russian Federation).

Can I apply for child support after 20 years?

In accordance with the norms of the Family Code of the Russian Federation, persons who have not reached the age of majority are recognized as children. According to this definition and the rules of Chapter 13 of the RF IC, which establishes the maintenance relationship between parents and children, in the general procedure , alimony for children after 18 years is not paid.

When is alimony calculated after the trial?

When does the child support come to the card?

It is transferred to the beneficiary's account indicated in the application within three days from the date of payment of salary (Article 109 of the UK). Open enforcement proceedings for alimony .

How is child support calculated in Ukraine?

How is the amount of alimony calculated

1. per child – 1/4 of income;
2. for two children - 1/3 of the income;
3. for three or more children - 1/2 of the income.

How long does it take for child support to arrive after I apply?

The term for consideration of cases on the recovery of alimony is 1 month from the date of filing a claim with the court + the period for the entry into force of the decision of the court of first instance.

How are alimony transferred under a writ of execution?

Alimony must be transferred to the recoverer no later than 3 days from the date of payment of the employee's salary. From September 27, 2021 to writ of execution , received from the bailiffs, transfer the money to the FSPP deposit. In the case when the writ of execution was submitted by the recoverer himself, transfer the deducted amounts to him directly.

How is alimony calculated in Belarus?

In Belarus the following norms of regular deductions for the maintenance of children are adopted:

1. at least 25% of income is deducted for the maintenance of one child;
2. size child support for two children will be at least 33%;
3. for three or more children - at least 50%.

How many days does alimony go through bailiffs?

Then the bailiff bailiff received on your account from the father of the child will be obliged, in accordance with the above article 110, to transfer within 5 operational days from the date of receipt of funds to the deposit account of the bailiff bailiff .