Many men and a few women, although it is a rarity, owe child support in New York. Current rises in divorce have become trendy. It is a fashion statement for a person to go into a singles bar and say im divorced. Men and women obviously don't remember the contractual agreement of their wedding vows anymore. We live in a me society and it is easier to throw broken things away and get a new one then to take the time to work on fixing the old one.
Child support is actually a part of local DSS offices and not courts. A hearing Examiner is appointed by the Department to oversee the support issue and here the sides.
The current child support standard is:
https://newyorkchildsupport.com/pdfs/CSSA%20Guidelines.pdf
Custodial parents (not always but mostly from what I have seen are the more rutheless of the set) can find information on child support in this location:
https://newyorkchildsupport.com/custodial_parent_info.html
Non custodial parents otherwise known as the part time parent, are usually the brunt of an inequal judicial systems joke. If you have shared custody and it is split 50 50 why on gods green earth is the male parent still paying child support in the state of New York? Any one? Any One? New York is a pretty damn sexist state and women can say all they want about how they are all the best parental choice but thats not ALWAYS the truth. Not to say that alot of the single mom's out there aren't the best parent or too say that they are either, the ruling should be based on factual evidence rather than a gender biasism. The rulings should be equal and case by case but good luck for a change with that. Statistically speaking 98% of the family court cases in New York have had rulings granting the mothers custody. To assume that only 2% of the mom's are unfit as parents is ridiculous, to top it off how many of those cases were based on factual evidence and not hearsay, opinions gossip or bias as stated by law?
The good news is you can have a lawyer for child support."You can have a lawyer for child support?" Damn straight you can because bucko if you slack one bit your ass is in jail getting pounded by prison gaurds who get off scott free in court for lack of evidence even when its dna tested semen. *this was an actual case in Greene County New York and written in the Daily Mail*
The main thing for you non-custodial parents to remember is Stop Being Stupid, by being stupid i mean stop being nice and a good guy or girl. The person you are paying support to (50% of the time especially if she recieves welfare and is unemployed) probably wastes 98% of it on recreational uses that have nothing to do with the children. If you are called by the ex and she or he wines moans and groans about not having a car and you think to yourself hmm i should give him or her one of mine, smack yourself good and hard. Call up the support collection unit in your local area and tell them that you want to give that person a car worth x amount of dollars and have it put to your child support obligation. If the state doesnt want to do that then you itterate that without a car the ex will be a burden on the state by having to file for saftey net assistance from lack of being able to get to and from a job and that thats the reason why you planned on doing this. The state is not in the business to lose money contrary to public belief. Just because we don't know where the money went doesn't mean someone at the state level doesn't. So again let me itterate, if you plan on giving a gift bone head, get a reciept and prove that it was in the states best interest for that gift. Use your head. Pay your support on time. If you lose a job and cant pay make sure you file for a change right away. and always ask it to be back dated to that day. Support is income based and if you have no income obviously the amount changes. 25% of 0 is 0. Most hearing examiners violate that though and tell you to collect soda cans on the road to come up with 50 or more dollars a month. Be happy its not more. If you are homeless and think that not paying support will get you in jail with 3 squares a day you are stupid. Your support obligation will build up while you are in jail to a higher level and you will be there possibly till your dead. If you like that kinda thing go for it.
The one that makes no sense at all. Support is not mandatorially tied to visitation. If your ex is a dumb ass and denies you visitation then you think hey I dont have to pay support. WRONG! The system is intentionally designed to piss you off and you have to grin and bear it. Personally, I think its for population control. Ex husband get mad at ex wife collecting support and denying court ordered visitation goes and shoots her, the kids and himself dead. Thats one less case for the system to have to deal with. If you are having trouble getting visitation you need to take it up with the family court. by continually interfering with the visitation a person can lose custody to the other parent if proven fit enough. You can bring up this issue in support court and have it addressed as far as the AMOUNT you should owe towards child support if the other party is not following court orders.
In court, that lawyer who is across from you...she or he is not a lawyer. They are an employee of the Department of Social Services and they know the laws but not all of them. If you can find cases and laws that bolster your case and be more prepaired than you will be ok.
In any court you should not be happy when you leave at all. But you should be content. Court is about compromise, sometimes you have to give in order to get. Be apt and attentive and you will do fine.
In the end it boils down to this: If you are custodial or non custodial you made the child and you are BOTH responsable for its upbringing. Financially, morally and ethically it is the responsability of both parents to give that child a life it can live contentedly rather than disrespectingly. If parents would just figure out that using the kids as weapons is stupid (this goes for both dumbasses) then the kids would be better off, and inturn so would both parents.
*Update* I suppose Update should mean "the boy was I all wrong clause". In a recent case I helped with, I FOUND OUT that there is a law in the family courts acts that specifically states that no person who is below the income poverty level may acrue an arrears of more than 500 us dollars. Guess what? The Judge held that it was illegal for cps to have the higher dollar amount but then stated that the state would not give back extra support taken through withholdings by the state in excess of 500 dollars. This is a clear violation of poor persons rights under Family Courts act 413 paragragh G. However, the individual was released from any more back support that had been built up besides what was garnished from taxes and was released without any prison time.
The problem comes with issues from the Instituted plan by George E Pataki and The Director of the State Child Support Enforcement Agent in 1986. The plan set forth by the Federal CSE was outlined in a manual and sent to the Director of the state attatched by PLA. The Manual leaves most regulation clearly stated and instituted in federal codes title 45. One of the kickers no one knows about is that the AIS or ACSES system that was adopted includes a clause that states that the system will automatically update the support without court for cost of living increases and any drastic change in wages by the payor. This includes disability, workers comp, unemployement and any thing to do with a dramatic decrease in wages. The state of New York knows this Law and clause but chooses not to uphold it, because currently the state is footing most of the bills for the primary custodial parent with social services grants and wants that money no matter what. This is a clear cut violation of law. It is a clear cut violation of rights. It is discriminatory against poor persons in this state who are trying but cant afford support. Know the laws, know your rights, don't count on your lawyer knowing anything, they usually don't.
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