When parents cannot reach a mutual agreement on child support, they will likely have to seek a resolution in Court. The prospect of facing a child support hearing is daunting if you do not understand what factors a judge will use to determine payment amounts.
Consulting with an Albany LGBTQIA+ child support lawyer when you are facing divorce proceedings could help you eliminate some of this uncertainty and obtain a fair child support Order.
Albany state law regarding child support obligations for traditional and LGBTQIA+ parents is set forth in the Child Support Standards Act (CSSA), outlined in New York Domestic Relations Law § 240 and New York Family Court Act § 413. The rules authorize Family Law Courts to issue Orders requiring “fair and reasonable” child support payments until a child reaches the age of 21.
When parents cannot reach a mutual agreement, the custodial parent can file a petition to commence a child support hearing. As a part of the process, the parents will have to disclose the details about their financial situation. A parent may also have to submit supporting documents, including tax returns, W-2 statements, pay stubs, bank records, and information about benefits. These benefits may include social security, disability, or unemployment payments.
The CSSA generally requires that the Court calculate child support obligations based on the percentage of the parent’s adjusted gross income. Each parent will have an opportunity at the child support hearing to provide evidence that presents a clear picture of their income and expenses.
The Court must follow the following percentage guidelines when issuing a child support Order:
If the parents’ adjusted gross income exceeds $183,000, a judge can consider other factors in their decision and does not have to strictly follow these percentages.
When the hearing is completed, the Court will issue a child support Order, and the non-custodial parent will receive payment instructions. Albany LGBTQIA+ child support disputes often do not end at this stage, as parents often refuse to comply with Child support Orders.
Child Support Enforcement Units (CSEU) and Support Collection Units (SCU) are located in every county when parents refuse to pay their child support obligations. Among the measures used to enforce a child support Order, these agencies can garnish wages, collect state and federal tax refunds, and seize assets such as lottery winnings or bank accounts. Other enforcement measures include driver’s license suspensions, passport denials, and negative credit reporting.
When a custodial parent has exhausted administrative remedies, they can file a violation petition requesting their local family law Court to enforce the Order. If the noncustodial parent fails to appear or falls severely behind in payments, this may lead to an arrest warrant. Certain willful violations of a child support Order may also lead to jail time.
In certain situations, a parent’s life circumstances or financial situation may change and require modification of an existing child support Order. The state allows a parent to file a petition for modification to a child support Order in the Court that issued the original.
The Court will only allow a parent to seek modification if at least 3 years have passed since the Order was issued or last modified. Parents can also seek modification if their gross income has changed by 15 percent or more since the Order was established, if a child was emancipated, or when a parent was incarcerated. An Albany LGBTQIA+ support attorney could further advise clients on the conditions required to modify a child support Order.
LGBTQIA+ parents can face unique issues when dealing with child support since the children do not always share a blood relationship with both parents. If a non-biological parent has not taken steps to legally acknowledge their parentage, the custodial parent may have a harder time obtaining a child support Order.
Call an Albany LGBTQIA+ child support lawyer to schedule a complimentary consultation based on your situation.
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