To receive child support allowance in New York, you need to file a child support application or complaint in either the family court or the Supreme Court. Normally, the child support lawsuit will be submitted to the county where you and minor children live. But you can also say the child support allowance in the county where the child's non-carers parent (usually the father) live.
Support appropriate court selection for New York children - family vs. The highest:
If you are not married to another parent, you must submit the support procedure to the family court. If you and other parents are married, you also object to requesting a child support order at the Supreme Court in conjunction with the divorce case. Due to the complicated procedural requirements related to the Supreme Court decision procedure, you should always consider retention of New York State Child Support Lawyers if you are considering the Supreme Court.
There is a big difference between the family court and the Supreme Court. These differences are as follows.
- If you're going to keep going Process ( That is, , No attorney), you will find that family courts are generally much more user-friendly. The lawyers of the majority family court litigation have no attorney. Also, in the family court, the procedure is often done not by a judge but by a supporting court execution officer or a hearing examiner. In fact, this means that it is not very formal. Evidence rules strictly applied in the Supreme Court are often not very strictly applied in family courts.
- There is no need to pay a fee at home court. In contrast, the Supreme Court has an index number of $ 210.00 to submit a new case. However, the cost of the index number can be abandoned when financial need is indicated.
- The legal form and procedure for initiating a support case is much easier in the family court than the Supreme Court. A simple petition will be submitted prior to the family court 's assistance procedure. In the family court 's clerk office there is a fillable form you can use. There is no need to state payment of a specific amount. Family courts have the right to grant the appropriate amount based on the evidence presented at the hearing, regardless of the amount requested.
- Finally, the procedure of the family court is easier than the Supreme Court procedure. In the family court, the court itself issues a summons. In the Supreme Court you need to prepare your own subpoena. After submitting a petition, the court clerk submits a copy of the summons and petition to you. The subpoena and petition must respond personally to New York residents other than you. If you think that a parent other than a custodian may be trying to escape or refuse a process, you need to strictly consider adopting an approved New York process server.
New York Children Support Law: Only parental authorities can receive assistance:
Regardless of which court you choose, there are basic rules of law that apply to all New York State child support cases. First of all, only parents of parents have the right to receive support. Under the laws of New York, only if you have a child's physical custody for the majority of the time, you are a custodial person. This strict rule has survived from various legal tasks. In other states we are more flexible and in certain circumstances we recognize that parents with less than 50% physical custody may be supported. This is not the case in New York. If you have custody, you can only receive aid for children. This is strictly interpreted as having physical custody.
Generally, parents' unsupported obligations of unprotected households will continue until the child is dismissed until 21 years old or early. Because parents are sufficiently proven under the laws of New York that parents are sufficiently proof, parents do not expressly agree that they should donate to child support assistance or university education for children aged 21 years or older Can not be New York State law is different from other state laws. For example, in Maryland, child rearing ends at the age of 18 years. In the state of New Jersey on the opposite side of the spectrum, there is no fixed date for the end of child rearing.
The amount of child support paid by non-adoptive parents is generally determined by a law called the New York State Child Support Standard Act (CSSA). CSSA includes formulas based on parents. Income and number of children. In addition to the percentage of "basic child support" provided under the CSSA guidelines, non-custodial parents also seek to contribute to work-related childcare expenses, medical expenses at their own expense, and in some cases educational expenses It is done. Copies of the CSSA Children Support Guidelines are available on the New York State Unified Court website. For details on the New York support guidelines and the percentages applied based on the number of children, please visit http://www.rapaportlaw.com/areas/childsupport.php.
As support procedures are complex, we need to closely examine meetings with New York home lawyers before concluding cases. Please check with the court system of New York for support guidelines provided free of charge.
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