11 Penn Plaza, Suite 500
New York, NY 10001
11 West Prospect Ave.
Mount Vernon, NY 10552
phone 212.946.2605
Child Support
Two Main Key Terms:
• Custodial Parent: The parent living with the child.
• Non-Custodial Parent: The parent not living with the child.
When you have to go to court for child support, you receive papers stated so. The papers mean that someone filed a petition in court asking you to pay child support. The petition can be filed by either the custodial parent, the City of New York if the child is, or was, receiving public assistance (welfare), or the child.
When you go to court, the magistrate will listen to the case and make an order for child support. That's a piece of paper that tells how much the child support is, how often you have to pay it, and where to send it. A support magistrate is like a judge and has power to make decisions about child support and paternity cases.
In child support cases, the court doesn't give parents a free lawyer, but you may hire one if you want to. If you miss a court date, the magistrate can file a default judgment which is an order that is made when someone does not show up for court. If you want to cancel the order, you have to file a motion to vacate a default judgment.
The amount of child support is decided by determining the gross income, then reducing some special expenses, and then depending on how many children you have to pay child support for. The more children, the bigger percent of your check gets put into child support.
If you were married to the mother when the child was born, the law assumes that you are the father. If you were married to the mother but you believe you are not the father tell your magistrate right away and he'll order a DNA test.
New York Attorney concentrating in Personal Injury, Civil
Rights, Matrimonial and Family Court,
Corporate, Business and Municipal Legal Services | New York Bankruptcy Attorney