As a public policy initiative and falling under Family Laws in the State of New York, child support or maintenance is an obligation imposed on the non-custodial parent to the custodial authorized persons to support the children born out of a terminated or a marital relationship that has subsequently ended in a divorce. It is supplementary to any other payment as alimony and is a legally sanctioned mechanism arising out of a settlement of a civil suit wherein the child has a right to receive such pre-determined quantum of amount decided in such a settlement but it can also be voluntarily decided but enforceable under the law.
The Law
The Child Support Law in New York stipulates that it should be paid until the child reaches the age of 21. The Child Support Law and enforcement in the State of New York has tough teeth. Once a court order is issued enforcement becomes strict enough that the authorities act fast to garnish the wages of those who default. In the same manner, any tax refund due to the non-custodial parent on whom the responsibility to make the payment is vested is held back and redirected to the custodial parent. In addition, penal measure like suspension of driver’s license are resorted to; not only that; even when the non-custodial parent loses his/her job, the state attaches any monetary items that may be due to or lying with him/her as unemployment wages, bank accounts, retirement benefits and also report the matter to the credit bureaus. The provisions of the Child Support laws are so rigid that it does not leave even those non-custodial parents serving jail sentences.
Talk to a Family Attorney
In view of the severity of the legal provisions, it would be desirable for those who have been enjoined with the responsibility of paying the child support amount to pay it without defaulting and on time. However, should there be any issues relating to child support issues and those who need legal help first can approach the New York state Child Support Enforcement Agency which has ample resources. Getting legal help for child support always center on the fact that such payments vest as a right for the child and the estranged partners cannot acting a whimsical manner. For instance, it is possible the custodial parent may like to forego such payments if they could get visitation rights cancelled or protect themselves from the harassment they undergo from time to time from non-custodial parent. Getting legal help under Child Support Laws is too broad a term and needs to be reduced to case specific issues especially when handling such vexatious issues as determination of parental identity.
