Five Common Questions And Answers About Child Support In New York

If you have children, you are obligated to support them.  If you are getting divorced, or have children out-of-wedlock, you still are obligated to support them, but, now it will be through a formal child support order.

The following are five common questions that I am often asked about child support.

Question:  What if I lose my job and can’t pay my child support obligation?

Answer:  You may be able to get a reduction in your child support obligation. I stress the word “may”, as you cannot unilaterally decide to pay less child support. You have to go back to Court and ask for a modification of your child support. In general terms, you will have to show three things: (i) you lost your job involuntarily and not do to your misdeeds or actions; (ii) you are looking to replace your income by searching for jobs that are compatible with your skills or career: and (iii) you have documentation showing that you are diligently searching for a new job.

Question:  How can I be sure my child support is being used for my children’s benefit?

Answer:  You can’t be 100% sure that the child support that you paid will be used for the children’s benefit. Once child support is paid, there is no obligation for the person receiving the support to account for its use. The person receiving the money can use the money for almost anything. However, upon receiving child support, the custodial parent does have an obligation to support the children and to pay for the children’s basic expenses.

Question: What expenses are covered by child support?

Answer: At a minimum, child support is intended to cover the child’s shelter (housing), clothing and food expenses. It is also meant to cover all of the other expenses of the child. However, there are certain add-ons that can be the subject of additional payments: health insurance, health care, child care and in some cases, college expenses.

Question: When does child support end?

Answer: In New York, child support ends at 21 years of age. For children under 21, there are some exceptions to this rule that would end child support before they turn 21 years of age. Some examples: if the child enters the military, if the child marries and lives with their spouse.

Question: Are my child support payments tax deductible?

Answer: Child support payments are not tax deductible and are not counted as income to the person receiving the support.

If you need more information about child support, then call David Badanes, Esq. at the Badanes Law Office, P.C.  Mr. Badanes has helped numerous clients understand their child support obligations or how much child support they should be receiving.

Call us today to set up a consultation at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and Garden City, Nassau County.

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