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What is an Order of Custody
An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child’s parents or to another party.
Who May File a Petition for an Order of Custody?
A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child’s parents must be served. Generally, this means hiring a professional process server agency. The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right. There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you. First, your Process Server Agency should be familiar with family court documents. Taking advantage of a Free quote can be a great way to get a feel for what the process server agency can offer you, and whether or not they treat you as a person or case number. This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case. This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help. If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty. You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly. Your case is individual, and your Process Server Agency should treat it as such. By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires.
New York law says that children are entitled to share in the income and standard of living of both parents. Child support is the money that the non-custodial parent pays to the custodial parent if the child is under 21. Child support is based on a strict formula. See the Child Support Standards Chart. Child support may be awarded by the Supreme Court as part of a divorce, or in Family Court as part of a child support proceeding.
How does a court calculate child support?
First, the court determines each parent’s net income. Net income is gross income minus certain deductions, such as FICA, NYC income tax, Yonkers income tax, spousal support and child support paid for other child(ren). Second, the court adds the parents’ net income together and multiplies that number by a percentage, depending on how many children they have: