Do you have questions about child support? Read these 7 child support tips for you, then contact our Rochester attorneys to get started today.
1) How Long is Child Support Paid for?
Child support is usually paid until the child reaches 21 years of age or is emancipated in some other way, such as joining the military, getting married, or having a full-time job.
- In cases of emancipation, child support obligations end before the child reaches age 21.
- If the child is working part time or going to college, the child support obligation continues until that child reaches 21.
2) Filing for Support When Your Ex Lives in Another State
- When a boyfriend, girlfriend, or former spouse has moved to another state – and the custodial parent wants to receive child support – the parent who desires child support must file an application or petition in family court.
- The petition is filed in the county where the child lives.
- The other party will be served with the petition and the application for child support will be heard by a judge who will enter an order setting forth the terms and amount of child support.
3) Extracurricular Activities
- Children’s activities – music, dance, sports, or any other interest – are extras.
- One party is obliged to pay child support to the other, and it may include insurance coverage, medical expenses, and daycare.
- Payment for extracurricular activities is not automatic, but must be agreed upon between the parents.
4) My Ex Stopped Paying Child Support
- When a spouse, former spouse, boyfriend or girlfriend – stops paying ordered child support, the onus falls on the person who should be receiving it to file a petition in the Supreme Court or family court to enforce that child support obligation.
- Once application is made, the court will look into the specific circumstances.
- The support recipient will then ask that future support be paid through child support collection.
- Asking that an automatic wage deduction be taken out of the defaulting person’s paycheck will avoid the necessity to repeat the child support collection battle.
5) Estimating Your Child Support Payments
- New York State’s Child Support Standards Act governs the amount to be paid for child support.
- If you have 1 child, you pay 17% of your gross income. If you have 2 children it’s 25%. If you have 3 children its 29%. If you have 4 children its 31%. If you have 5 children its 35%.
- The amount is determined by simply looking up the amount in the Child Support Standards Act which is readily available online.
6) How are Non-Reimbursed Medical Bills Paid?
- Co-pays for doctor visits or prescriptions are the most frequently addressed.
- The law states that these expenses are to be divided on a pro-rata basis based on the parents’ incomes.
7) Is Child Support Taxable?
- When people ask if they can deduct child support payments on their tax return, the simple answer is no.
- Child support is not a deductible expense, so parents should not try to claim it as such.
Do you have questions about child support? Read these 7 child support tips for you, then contact Rochester Child Support Attorney Michael Ranzenhofer for guidance and a legal consultation.
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