CHILD SUPPORT
How are child support awards determined?
Child support awards are governed by legislative standards based upon the parents' incomes and the number of children for whom child support will be paid For a description of how the amount is calculated.
What can I do if my spouse refuses to pay child support?
- There are various remedies available to secure child support payments, such as directing a party to provide reasonable security after a default payment, requiring the defaulting party to pay the expenses of the custodial parent and obtaining a money judgment for the amount in arrears of support. See DS, page 37.
- If the defaulting parent lives in a different state than you and your children and is delinquent in child support payments for a period of longer than one year or is in arrears in excess of $5000.00, such parent can be charged under the Child Support Recovery Act and the Deadbeat Parents Punishment Act
My child's other parent has no job or assets. Is there any way I can still collect child support from them?
- You may request child support enforcement services with the help of the Westchester County Child Support Enforcement Unit. See DS, page 38
- If you are a victim of Domestic Violence, you can petition for temporary child support at the same time as you petition for an order of protection
I received a judgement for child support against my spouse. However, he or she has just filed a petition for bankruptcy. Does his or her bankruptcy petition affect the judgement against him or her for child support?
No, your spouse filing for bankruptcy protection does not affect the child support judgement against him or her.