By:Undisputed Legal Inc./Family Court Process Service Department
If you are an applicant/recipient of Temporary Assistance for the child, or Medicaid for yourself and the child, or your child is in Title IV-E Foster Care, you are required to assign to the social services district rights you have to support on your own behalf and any rights to support on behalf of any family member for whom you are applying for, or receiving assistance. For Medicaid applicants/recipients, this assignment is limited to medical support only. When applying for, or receiving Temporary Assistance, your assignment of support rights is limited to support that accrues during the period that you or the family member receives assistance. You are required to assign these support rights and, unless you claim good cause or domestic violence for not doing so, cooperate with the Child SupportEnforcement Unit to:
BY: Undisputed Legal Inc./Court Service Department
Any parent or non-parent caregiver acting as guardian of at least one child under the age of 21 is eligible to apply for child support services. Such person is considered the custodial parent in the child support case. If you are applying for, or receiving, Temporary Assistance (officially termed “Family Assistance” or “Safety Net Assistance”) for the child, child support services may be provided to you based on your application for this program. Child support services may also be provided if you are applying for Medicaid for yourself and the child and you complete an application/referral for child support services. Child support services will continue after you stop receiving Temporary Assistance or Medicaid unless you request your child support case be closed. Child support services are also provided for a child placed in foster care and may continue after the foster care placement ends. If the child returns to you after being discharged from foster care, child support services will continue unless you request otherwise. A child under the age of 21 or a non-custodial parent or putative (alleged) father may also apply or be eligible for child support services.
The Family Court of the State of New York has the authority to decide cases affecting the lives of children and families. The court has a wide range of powers to fit the needs of the people who come before it.
The Family Court Act gives the Family Court power to hear certain types of cases. Each case filed is given its own identifying number, called a “docket number.”
The docket number begins with a letter that identifies the type of case filed:
Temporary child support is based upon the respective incomes of the parties as adjusted by any temporary maintenance. If temporary maintenance is to be paid to a party, then, for the purpose of computing child support, the maintenance paid reduces the income of the payor and increases by the same amount the income of the payee. That is why temporary maintenance is computed before temporary child support.
The responsibilities of a stepparent depend on state law. A stepparent usually is not required to pay child support for a spouse’s child from another marriage, unless the stepparent has adopted the child. Until then, the child’s biological parents are liable for the child’s support. Some states, however, make stepparents liable for the stepchild’s support as long as the stepparent and stepchild are living together.
A stepparent who does not adopt a spouse’s child normally may not claim custody of the child if the marriage ends in divorce, although some states allow a stepparent to seek visitation.
A stepchild usually does not share in the estate of a stepparent, unless the stepparent has provided for the stepchild in a will. However, an unmarried stepchild under eighteen may receive supplemental retirement benefits or survivor’s benefits under Social Security.
Bankruptcy’s effect on child support is very similar to its effect on alimony. Past-due child support is not dischargeable in bankruptcy. If one spouse owes child support but has not paid because of hard times, the past-due amount still must be paid. A bankruptcy court can discharge many debts, but the court cannot discharge a child support debt (or an alimony debt). Severe financial problems (as evidenced by the bankruptcy) could be a basis for reducing future child support payments, but not for reducing past-due payments.
The following is a checklist of techniques for collection of past-due child support:
Wage withholding orders. These are entered by a court and served on the employer of the parent who owes support. (The person who owes support is called the “obligor.”) The employer sends payments to the government, which then sends support payments to the parent to whom support is owed.
Tax refund intercepts. The government sends a notice to the Internal Revenue Service or the state department of revenue, directing that the obligor’s tax refund be sent to the government for payment of support.
Liens on property. A lien can be placed on the real estate, automobile, or other property of the obligor. If support is not paid, the property can be confiscated and sold. Alternatively, the lien may stay on the property until it is sold by the obligor, at which point the debt must be paid before the obligor receives any proceeds from the sale.
When a child reaches the age of majority (usually eighteen)or graduates high school, that normally is a basis for stopping child support for that child, unless the parent is obliged to help pay for that child’s college education.
Whether payments stop at age eighteen or at graduation from high school depends on the law of the state. Many states say payments stop at the later of those two events (assuming the child will graduate high school in a normal amount of time).
If only one child is the subject of a support order, the parent who is obliged to pay child support (the obligor) can stop making payments when the child reaches eighteen or graduates high school. The obligor does not have to go to court to seek permission to stop payments.
If there is more than one child who is subject of a support order, the right of the obligor to reduce payments when the oldest child reaches the age of majority will depend on the wording of the court’s support order.
If support is set at a certain amount per child (for example, “child support shall be $200 per month for each of the three children”), then the obligor may reduce payments by $200 as each of the three children reach the age of majority. Under this example, child support would be $600 per month when all three children were under eighteen; $400 per month when the oldest child reached eighteen; $200 per month when the middle child reached eighteen; and no support when all three were over eighteen.
The most common standard for modification of child support is a substantial change in circumstances. That usually refers to a change in income of the parent who is supposed to be paying support. If the parent who is obliged to pay support suffers a loss of income, that could be a basis for reducing support; conversely, if the parent’s income increases, that could be a basis for increasing support.
Changes in circumstances of the child also can be a reason for modifying support. If the child has significant new expenses, such as orthodonture, special classes, or health needs that are not covered by insurance, that too can be a reason for increasing support.
Significant changes in the income of the parent seeking support also can be a basis for modification. If the custodial parent’s income drops (particularly through no fault of the custodial parent), that might be a basis for increasing support. If the custodial parent’s income increases, that might be a basis for reducing support from the noncustodial parent.