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New York Child Support Summary  by Melinda Scott

Every child deserves to be supported by both parents; therefore the State will issue an order for support to the non custodial parent. The following people or entities may request support on behalf of the child, the custodial parent, the State if the child receives State benefits, or the person who has physical custody of the child. You do not have to be married to request child support; however you must have proof of paternity if you are not married.

In a Divorce you may request child support Pendente Lite, while the Divorce is pending. After the final Judgment of Divorce you may request upward or downward modifications of the Support Order.

Generally to request an upward or downward modification in child support you must show a change in circumstance since the last or original Order. A change in circumstance could be any one of the following, this list is not exhaustive:

  • Your spouse is making substantially more money, or has had a pay increase.
  • You are making substantially less money, and you are not voluntarily underemployed.
  • You have a new child.
  • You have been deemed disabled by the Social Security Administration.
  • The visitation scheduled has changed so that the child spends less overnight visits with one parent.
You are not entitled to withhold your support payment because the other party is not complying with visitation orders.

The Support Collections Unit (SCU) in an attempt to collect arrears, has been given powers of enforcement, below is a sample of some of those powers:

  • SCU has the power to revoke professional and recreational licenses after 4 months of arrears.
  • SCU may revoke your driver’s license.
  • SCU may revoke a passport under 42 US Code § 652k if arrears exceed $2,500.00.
  • A money judgment under SCU will accrue interest automatically at 9%.
  • SCU may also issue warrants for your arrest and seize bank accounts.
The relevant laws regarding Child Support in New York are Domestic Relations Law §§ 240 - 244(b).

Melinda Scott, Esq.
Scott Goldring Associates
300 Park Avenue
17th Floor
New York, NY 10022
212-572-4809 Ext. 2809
www.scottgoldringassociates.com

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