When couples separate or divorce it impacts every aspect of their lives, especially when they have shared children. It is a common misconception that child support payments are meant to provide additional support to a former spouse, similar to alimony. Child support is designed for a noncustodial parent to financially contribute to their child’s upbringing. It is important to ensure that children are not significantly negatively impacted by a divorce, so child support is mandatory in the state of New York. for more information about your legal obligations as a parent, reach out to a Suffolk County child support lawyer today.
Is Child Support Mandatory for NY Parents?
Under New York state law, child support is mandatory for parents. There is a statewide minimum child support requirement of $25 per month per child. Regardless of individual circumstances or situations, a parent cannot decline to pay or waive their right to receive child support.
Who Receives Child Support Payments?
If the mandatory minimum amount of child support is $25 per month, which parent is responsible for paying? The noncustodial parent will be required to pay the custodial parent monthly and contribute to the child’s finances.
The custodial parent is the parent who spends more than 50% of the time with the child. This means that the child resides with that parent for at least half of the calendar year. The noncustodial parent may still have custody over the child for a portion of the year but they are not considered the primary caretaker.
Is Child Support Required for 50/50 Custody?
There are two types of custody, legal and physical. Legal custody refers to the parent’s right to make decisions on behalf of the child. These are major decisions concerning healthcare, education, religion, and more. Physical custody means where and with which parent the child resides.
A family will rarely have 50/50 custody where the child spends the exact same amount of time with each parent. However, it is possible. Even if you have joint 50/50 custody of your child the higher-earning parent will be responsible for paying child support to the other parent. It is important to ensure that the child has financial stability and consistent access to food, clothes, a home, education, healthcare, and more.
Book Your Free Consultation at Peter V. Mandi & Associates
It is important to understand your parental rights and preserve the best interests of both yourself and your child. You need an experienced child support lawyer to help you navigate the complex legal process. At Peter V. Mandi & Associates we understand the sensitive nature of child custody and support disputes. Our attorneys are prepared to represent you and advocate for an agreement that suits your family’s needs. Speak to a skilled lawyer today to book your free consultation.
