Child Support
Child support is the amount of money that a non-custodial parent (parent with whom the child/children do not reside) pays to the custodial parent (parent with whom the child/children reside) for the basic daily care of the child/children. The amount to be paid is based on a formula set forth by the State of New York, known as the Child Support Standards Act. When it comes to child support there are complex and extremely nuanced issues which our firm can help with. Our firm regularly represents clients in Family Court, vigorously pursuing or defending such cases protecting our client’s rights.
Uniform Interstate Family Support Act (UIFSA) - Often issues arise where one or both parents either lives or relocates to another state, this law govern these issues. A number of our clients or the other parent resided outside of New York. We have had clients in New Jersey, Connecticut, Pennsylvania, Florida, California, Etc.
International child support Issues may arise when a parent and or child resides in New York and another parent and or child resides outside the United States. We have successfully represent clients in Ukraine, Russia, Switzerland etc.
Paternity
When a child is born In New York to unwed parents, the child does not have a legal father unless a voluntary Acknowledgement of Paternity is signed, usually in the hospital at the time of the child’s birth.
Absent an Acknowledgement of Paternity, establishing paternity can be accomplished by filing a petition in Family Court. From the mother’s legal perspective, she needs to establish paternity in order to seek child support. From the father’s perspective, he needs to establish paternity to have a legally recognized right to have a relationship with the child. Of course, under both circumstances come rights but also responsibilities. Once a father is legally established for the child, he may be responsible for support until the child attains a certain age or is “emancipated”, but also has the right to seek custody or visitation with the child. If you have had a child with someone who has not been declared the child’s legal father or if you are the father of a child and have not been declared as the child’s legal father, it is essential that you seek timely legal advice with an experienced attorney as there many issues that need to be addressed and understood before you take any action.
Absent an Acknowledgement of Paternity, establishing paternity can be accomplished by filing a petition in Family Court. From the mother’s legal perspective, she needs to establish paternity in order to seek child support. From the father’s perspective, he needs to establish paternity to have a legally recognized right to have a relationship with the child. Of course, under both circumstances come rights but also responsibilities. Once a father is legally established for the child, he may be responsible for support until the child attains a certain age or is “emancipated”, but also has the right to seek custody or visitation with the child. If you have had a child with someone who has not been declared the child’s legal father or if you are the father of a child and have not been declared as the child’s legal father, it is essential that you seek timely legal advice with an experienced attorney as there many issues that need to be addressed and understood before you take any action.