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child custody & support Archives

How New York determines the “best interests of the child”

When you divorce your New York spouse and the two of you share a child, you will undoubtedly need to work through child custody issues and figure out an arrangement that best serves your child’s needs. At Hall, Ricketts, Schuller & Gurbacki, P.C., we understand that the court system will consider the “best interests of the child” before making child custody-related decisions, and we have helped many clients navigate these and other family law-related issues.

When child support blows the budget

New York residents may pay child support after they get divorced. Sometimes these payments may take up a large portion of a person's salary and in this situation, some people may realize they can't afford to make these payments each month. When this is the case, people need to know what they can do. 

Your child support spending may be more flexible than you think

Whether you live paycheck to paycheck or you have a disposable income, there is no doubt that receiving child support is an invaluable help in taking care of your children after a divorce. At the law offices of Hall, Ricketts, Schuller & Gurbacki, P.C., we understand that many New York parents with primary custody have questions about child support once they begin receiving the money. Can my ex tell me how to spend child support or demand receipts, you may wonder? Will the court monitor my spending? Understandably, these questions may have you concerned.

Can your ex move away with your kids?

With as devastating an impact your divorce can have on you, your ex-spouse and/or your children, life will go on. Part of that may include your ex-spouse choosing to move away from East Aurora. That can present problems if you share custody of your kids. It may go without saying that putting more distance between you and your kids will place added strain on your relationship. It is also unfair to place the burden on you to shoulder the added financial and emotional burdens of maintaining your current custody situation for a decision that was not yours to begin with.

Are children who work no longer in need of support payments?

If you are a divorced parent, you may wonder what might happen if your teenage son or daughter finds a job. Would that terminate the child support obligations you or your former spouse have to meet? While it is important that your offspring enter the workforce when they are old enough and start earning a paycheck, New York law requires that children must continue to receive financial support from both parents even if a child finds part time work.

What is the Child Support Standards Chart?

If you are a parent who is going through a divorce or otherwise going through the process of getting child support set up, it can help to get an idea of how much you will pay or be paid. The Child Support Standards Chart comes from the Office of Temporary and Disability Assistance and Child Support and is used to help you get an idea of how much child support will be ordered. The chart gives a rough estimate and estimates on the chart are all for lower end figures in a range.

Reasons why establishing paternity is important

Children born to unmarried parents in New York have no legal father under state law, which can put them at a number of disadvantages compared to other children whose fathers are known. This does not have to remain the case, however. According to the child support section on the New York state government website, unmarried parents can try to establish paternity for their child. There are several reasons why establishing paternity is important for any New York child.

When is child support ordered by the court?

There is a general understanding that when you have a child you and the other parent are financially responsible for caring for that child. This is the stance of the court in New York. According to the New York Courts, you actually are responsible for the financial care of your child until he or she is 21 years old. What you may not clearly understand is when the court gets involved in child support matters.

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Hall, Ricketts, Schuller & Gurbacki, P.C.
471 Main Street
East Aurora, NY 14052

Phone: 716-243-3515
Fax: 716-652-2058
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