Even if the non-custodial parent lives outside the state of New York, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and New York child support law to collect regular and past-due payments.
The New York Division of Child Support Enforcement is the state-run child support enforcement office for New York. The New York Office of Temporary and Disability Assistance is required by federal law to provide services through Division of Child Support Enforcement (DCSE) and is funded by the federal government and the State of New York.
|NEW YORK DCSE CASELOAD STATISTICS1|
|Full Time Equiv. Staff||3,061|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
If the Division of Child Support Enforcement hasn't been able to get the results you want or you don't feel they're giving your case the personal attention it deserves, Support Collectors can help.
Support Collectors has developed a proven system that teams attorneys, investigators and enforcement specialists to work your case from every possible angle. We work nationwide and our only business is collecting support. Our success rate is up to three times better than the New York DCSE and we never charge you a cent unless we put money in your hands.
The State of New York provides for interest on missed payments and adjudicated arrears at a rate of 9% per year, but only on arrearages reduced to a money judgment by the courts.
In New York, child support arrears enforcement is limited to 20 years from date of default in payment regardless of whether or not the past due has been reduced to a judgment for support orders entered after 8/7/1987, 6 years for default in payment on orders entered on or before 8/7/1987, and 20 years for all defaults in payment which have been granted as a money judgment.
New York law stipulates that paternity may be established up until the child turns 21.
The age of majority in New York is 21 years of age. Duty to provide support is terminated automatically at 21 unless specifically stipulated in the support order. (FCA 413(1)a)
Under some circumstances, such as a child's handicap or stipulation in a divorce decree, the court may extend the obligation beyond age 21.
The New York courts use a state guideline to determine what the non-custodial parent will pay. New York child support amounts are based partly on the non-custodial parent's adjusted gross income and partly on how many children are on the order. The court determines the non-custodial parent's gross income, and then deducts from that amount Medicare, social security tax, New York City or Yonkers tax, and other allowable deductions to establish the non-custodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more children.
The standard guideline is applied to most parental earnings up to $80,000 (minus certain local and social security tax amounts). This includes any worker's compensation, disability payments, unemployment benefits, social security payments, and many other forms of income. Beyond $80,000, the courts determine whether or not to use the percentage guidelines, and may consider other factors in determining the full support amount.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
Any custodial parent not receiving public assistance may contract with a child support collection agency such as Support Collectors, or hire a private attorney, and at the same time have a case open with the New York Division of Child Support Enforcement. We work harder to collect the child support you are owed.
Collecting support is all we do and we give you the personalized, dedicated attention that your case deserves. Call us at (888) 729-6661 or get started online right now! We don't charge a cent until we put money in your pocket.