Child Support and Paternity
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. Generally, child support in the State of New York is paid until the child reaches the age of 21. There are certain circumstances when the child may be deemed grown (“emancipated”) before the age of 21 and child support payments may no longer be warranted. In addition to basic child support, there are mandatory add-on expenses, such as child-care expenses and unreimbursed medical expenses, which the parents are required to pay on a pro rata basis. There may also be additional expenses for the children that the court may award on a discretionary basis, such as private school tuition, etc. These are complex and extremely nuanced issues which you should always speak to a knowledgeable and experienced attorney about. Ella Royzman regularly represents clients in Family Court, vigorously pursuing or defending such cases leaving no stone unturned in protecting her client’s rights on.
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 is responsible for supporting the child until the child attains the age of 21 (unless they become “emancipated” before that) 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 is responsible for supporting the child until the child attains the age of 21 (unless they become “emancipated” before that) 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.
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