When parents separate, the parent who has custody may file a petition for child support from the non-custodial parent. If the parents are involved in adivorce, the a petition must be filed with the divorce in the Supreme Court. If the parents are not presently engaged in divorce proceedings, the petition must be filed in Family Court.
You must still pay child support even if you do not have the right to visit your child– payment obligations and child visitation rights are not linked. What matters most in child support is the income of the non-custodial parent, who must pay a certain percentage of their salary to the custodial parent. Additionally, parents may be required to split other costs such as medical expenses, babysitting costs, private school fees etc. A “violation petition” may be filed against a person who’s not complying with the child support order. If there is a change in circumstances such as job loss, increased or decreased salary, both parties may petition to modify the order. It is strongly recommended that parties hire attorneys to represent them in all court proceedings to protect their interests. Please contact our child support attorneys today.