Can a Spouse Be Forced to Pay Child Support?
In New York, child support is a legal obligation that both parents have toward their children, regardless of their marital status. The primary goal of child support is to ensure that children receive adequate financial support to meet their basic needs, including food, clothing, shelter, education, and medical care.
Legal Obligation: Both parents are responsible for supporting their children financially until they are 21 years of age. This obligation continues even if one parent is not actively involved in the child’s life. The non-custodial parent, who typically spends less time with the child, is often required to make child support payments to the custodial parent, who has primary physical and legal custody, which is often referred to a residential custody. The residence of the residential custodial parent will determine the school district the children will attend.
Determination of Child Support: In New York, the Child Support Standards Act (CSSA) provides a formula for calculating child support. The formula considers the combined income of both parents and the number of children requiring support. The percentage of income that the non-custodial parent must pay is based on this formula and varies depending on the number of children.
Enforcement of Child Support: If a parent fails to pay court-ordered child support, there are several legal actions that can be taken to enforce the order. These include:
- Wage Garnishment: Child support payments can be deducted directly from the non-custodial parent’s wages.
- Seizure of Tax Refunds: The state may intercept tax refunds to cover unpaid child support.
- Suspension of Licenses: The non-custodial parent’s driver’s license or professional licenses may be suspended until support payments are made.
- Contempt of Court: In severe cases, the non-custodial parent may be held in contempt of court and face legal consequences, including potential jail time.
Modification of Child Support: Child support orders can be modified if there is a significant change in circumstances, such as a change in income, employment status, or the needs of the child. Either parent can request a modification by filing a petition with the court. Recent changes in the law now allow a party to seek a modification of child support after the passage of 3 years from when the child support order was issued or a change in the income if the payor’s income of 15% or more since the time of the child support order was issued.
Alternative Arrangements: Parents may agree on a different amount or arrangement for child support, but such agreements must be approved by the court to ensure they meet the child’s needs. These arrangements must be formalized in a court order to be enforceable.
If you are facing issues related to child support, whether seeking support or enforcing an order, Zimmer, Mathiesen & Associates can provide legal assistance and guidance. Our attorneys are experienced in handling child support cases and ensuring that your child’s best interests are prioritized.
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