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Free Guide to Hiring a Family Lawyer
Browse our 1 legal question about Child Support in United States and the lawyer answers, or ask your own questions for free.
it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount
Read full answerLatham is a hamlet in the Town of Colonie, Albany County, New York, so child support matters there are governed by New York State law and enforced locally through Albany County courts and child support agencies. Child support in New York is intended to ensure that both parents contribute to a child -s financial needs, including basic living expenses, health care, childcare, and educational costs where applicable. Most child support issues are handled under the Child Support Standards Act - CSSA - which provides the guideline formula for calculating support, but courts can order departures from the guidelines for specific reasons.
Child support cases can raise complex factual and legal issues. A lawyer - even for a limited scope - can help in many common situations, including:
- Establishing paternity so support can be ordered when the parents are unmarried.
- Calculating support when one or both parents are self-employed, earn irregular income, receive tips, bonuses, or have significant deductions.
- Seeking a deviation from the guideline amount due to extraordinary expenses or special needs of the child, or because the guideline would be unjust or inappropriate.
- Enforcing an existing support order when payments are late or not made - including wage withholding, tax refund intercepts, license suspension, or contempt proceedings.
- Modifying an existing order after a substantial change in circumstances - for example, job loss, disability, a significant change in income, or a change in custody.
- Handling support issues as part of a divorce settlement, including coordinating support with child custody and visitation agreements.
- Negotiating settlement agreements or representing you in Family Court or Supreme Court when court hearings or complicated evidentiary issues arise.
Key points about New York child support law that are especially relevant to residents of Latham - and Albany County - include the following:
- Guideline Formula - New York uses the Child Support Standards Act (CSSA). The CSSA sets a percentage of combined parental income to be used for base child support - for example 17 percent for one child, increasing for additional children. The guideline applies to combined parental income up to a statutory cap. Courts may depart from the guideline for specific reasons.
- Income Considerations - The court looks at both parents - incomes, which can include wages, salaries, bonuses, commissions, self-employment income, unemployment, disability, and other earnings. Courts may impute income if a parent is voluntarily unemployed or underemployed.
- Add-ons - In addition to base support, New York law allows additional contributions for childcare costs and unreimbursed medical expenses. Health insurance premiums for the child are commonly allocated between the parents based on income.
- Duration of Support - Typically, child support continues until the child reaches the age of majority under New York law, which is 21 for most support obligations, though some obligations may end earlier or continue for older children in special circumstances or by agreement.
- Modification - Support orders can be modified if there is a substantial change in circumstances, such as significant income change, job loss, or a change in custody. Modifications are not automatic and require court action or an agreement signed by the parties and approved by the court.
- Enforcement - Albany County and New York State have multiple enforcement tools - income execution (wage garnishment), interception of state and federal tax refunds, seizure of lottery winnings, suspension of driver -s and professional licenses, liens on property, and contempt proceedings that can result in fines or jail in extreme cases.
- Where to File - Child support matters can be filed in Family Court for matters involving support alone or paternity. If the child support issue arises within a divorce action, the parties may address support in Supreme Court - Matrimonial Part. Local enforcement is assisted by county child support enforcement units.
Child support is normally calculated using the Child Support Standards Act - CSSA. The court applies a percentage of the parents - combined income to determine the base support amount, and then apportions that amount between the parents based on each parent -s share of combined income. Childcare costs, health insurance premiums, and unreimbursed medical expenses are typically added on and divided between the parents.
Either parent who cares for the child can file for child support in Family Court. An agency such as the Albany County Department of Social Services - Child Support Enforcement Unit - can also file on behalf of a custodial parent receiving public assistance. If child support is part of a divorce case, the support claim is usually handled in Supreme Court.
Paternity can be established voluntarily by both parents signing an acknowledgment of paternity or through a court-ordered paternity proceeding. Courts can order genetic testing if paternity is disputed. Once paternity is established, the noncustodial parent can be ordered to pay support.
Yes. A support order can be modified if there is a substantial change in circumstances, such as a large increase or decrease in either parent -s income, long-term unemployment, disability, or a change in the child -s needs. To change an order you must file a petition for modification and demonstrate the change to the court or reach a signed agreement approved by the court.
If payments stop, the custodial parent can seek enforcement through the county child support enforcement agency or the court. Common enforcement measures include wage garnishment, interception of tax refunds, license suspension, contempt proceedings, and other collection actions. Prompt action improves chances of collecting past-due support.
Yes. Health insurance premiums for the child and reasonable childcare costs related to employment or education are typically considered in addition to the base support amount. These costs are generally allocated between the parents according to their incomes.
Support typically continues until the child reaches the age of 21 under New York law. Certain obligations may end sooner or extend longer in limited circumstances - for example, if a child is disabled or as otherwise agreed and approved by the court.
New York can enforce child support orders against parents who live out of state through interstate enforcement mechanisms. The Uniform Interstate Family Support Act - UIFSA - allows New York courts and child support agencies to establish, modify, and enforce support orders across state lines. International cases have separate procedures under federal and state rules.
Yes. During a divorce, child support issues can be resolved by agreement between the parties and incorporated into the divorce judgment, or decided by the Supreme Court - Matrimonial Part. Any agreement should be fair and, if possible, reviewed by legal counsel before filing.
Low-income residents may qualify for free or reduced-cost legal help through local legal aid organizations, pro bono programs, or a county legal assistance clinic. You can also represent yourself in Family Court, where forms and staff can provide procedural guidance but not legal advice. For complex issues it is still wise to seek at least a consultation with an experienced family law attorney.
For residents of Latham and Albany County, the following local and state resources are commonly helpful when dealing with child support matters:
- Albany County Family Court and Supreme Court - Matrimonial Part for filings and hearings.
- Albany County Department of Social Services - Child Support Enforcement Unit for registration, enforcement, and locating noncustodial parents.
- New York State Office of Temporary and Disability Assistance - oversees statewide child support enforcement programs and provides information about the Child Support Standards Act.
- New York State Unified Court System - provides court forms and general guidance on family law procedures.
- Local legal aid organizations and bar association referral services for free or low-cost legal assistance and attorney referrals.
- Community self-help centers or court clerk -s offices that offer information about court procedures and forms. These resources can help you understand filings, paperwork, and deadlines.
If you need legal assistance with child support in Latham, consider the following practical steps:
- Gather documents - collect recent pay stubs, tax returns, bank statements, proof of health insurance costs, childcare bills, and any existing custody or support orders.
- Determine whether you need to establish paternity, set a new support order, modify an existing order, or enforce payments. This will guide where you file and what evidence you need.
- Contact the Albany County Child Support Enforcement Unit if you want agency assistance with locating a parent or enforcing an order.
- If you can, consult with a family law attorney for advice on calculation, modification, or enforcement. Ask about free consultations, limited-scope representation, or fee arrangements if cost is a concern.
- If you cannot afford an attorney, contact local legal aid or the county court -s self-help resources to learn how to file pro se and what forms to use.
- File the appropriate petition in Family Court or, if part of a divorce, in Supreme Court. Make sure to follow filing deadlines and serve the other parent properly.
Taking timely and informed action will improve your chances of obtaining a fair support order or enforcing an existing one. If you are unsure about any step, seek legal advice as soon as possible to protect your rights and your child -s financial stability.
