When parents divorce, child support obligations are often among the most fiercely contested issues. If parents cannot reach an agreement on child support, the issue is often left in the hands of a Court to make decisions on these payment obligations.
Failing to pay child support can have harsh consequences, including criminal charges. If you are facing divorce, you should seek a complimentary consultation with a Saratoga Springs LGBTQIA+ child support lawyer to help understand your rights.
When parents get divorced, they often share physical custody of the child. Whichever parent the child is living with is considered the custodial parent and is responsible for the child’s supervision, care, well-being, and financial support. If the parents cannot reach an agreement on child support, the custodial parent can file a petition in Family Court to request an Order stipulating that the non-custodial make stipulated payments. At the hearing, both sides will disclose their financial situation, the necessary expenses required to support the child, and supporting documents.
Child support issues can become more complex for LGBTQIA+ partners in Saratoga Springs, who often have children through assisted reproduction or adoption. It is important to remember that a custodial parent can only pursue child support from the child’s legal parent or guardian. When a non-biological parent has not taken steps to confirm their parental rights through a method such as adoption or an acknowledgment of parentage, the Court is unlikely to Order that they are obligated to pay child support.
Family law Courts make decisions regarding child support in accordance with the state’s Child Support Standards Act (CSSA), outlined in New York Domestic Relations Law § 240 and N.Y. Fam. Court Act § 413. The state generally requires that parents provide financial support for their children until the age of 21 unless the child was emancipated by getting married, self-supporting themselves, or joining the military. The Courts consider financial obligations such as childcare, education, and medical expenses when deciding on child support.
The CSSA sets forth a formula that Courts must use to calculate child support, which is generally a percentage of the non-custodial parent’s adjusted gross income. It is important to note that income is not limited to the parent’s work salary but also includes income like worker’s compensation, disability payments, unemployment benefits, or social security payments.
The current percentages are:
When the parents’ combined income exceeds $183,000, the Court has the discretion to follow these percentage guidelines or use other factors to make child support determinations. A knowledgeable LGBTQIA+ child support attorney can explain other factors considered by a Saratoga Springs Court.
A custodial parent may experience a slightly different process when seeking child support in situations where the non-custodial parent does not reside in New York. In this case, the custodial parent must file a U petition pursuant to the Uniform Interstate Family Support Act (UIFSA). U proceedings involve two different Court systems. When a respondent is unable to show up for a child support hearing in the petitioner’s home jurisdiction, a U proceeding allows the respondent to appear in their home jurisdiction Court.
During the U proceeding, the petitioner is represented by a county attorney or counsel from the petitioner’s home jurisdiction. For contested proceedings, both Courts will facilitate the exchange of evidence and documentation. The UIFSA generally requires that Courts defer to the law of the child’s home jurisdiction. A child support legal professional could assist with initiating proceedings when an LGBTQIA+ parent resides outside Saratoga Springs.
If you are facing the prospect of a child support hearing, it is in your best interests to speak with a Saratoga Springs LGBTQIA+ child support lawyer instead of representing yourself.
An attorney from our firm could guide you through the state’s complex child support laws and help identify relevant evidence that presents a clear picture of your financial situation. Call today and schedule a complimentary consultation.
Colwell Law
N/a
(518) 462-4242
513 Broadway