Robert G. Smith, PLLC
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Posts tagged "Child Support"

New York non-custodial fathers and in-kind child support

Divorced New York parents may be interested in a 2015 study that examines the non-monetary contributions of so-called deadbeat dads. The 2011 Census report found that the same percentage of mothers and fathers who did not live with their children paid all support that was owed. A study published in the Journal of Marriage and Family found that many fathers who do not pay child support in cash still make significant contributions. Nearly half of the fathers in the study who did not have cash resources to contribute nonetheless contributed food, baby products, clothing and school expenses.

Reluctant state jeopardizes child support for everyone

New York parents who receive child support should be aware that a recent action in Idaho has the potential to jeopardize foreign child support enforcement for everyone. Due to misguided concerns about Shariah law, legislators in the state recently rejected a pending treaty that would make participating countries enforce foreign child support orders.

Incarceration and child support

New York parents who are involved in child support disputes may wonder about the usefulness of incarceration as a penalty for failure to meet support obligations. While some media outlets suggest that imprisonment is an effective incentive for individuals who have the means to pay, it has been argued that the punishment often creates a cycle that allows the payer's debt to grow to unmanageable levels.

Garnishing Social Security benefits for delinquent child support

Parents in New York who are not receiving court-ordered child support payments in a timely manner have a number of legal remedies available to them. If the parent required to make the payments is receiving certain types of Social Security benefits, it may be possible to have these benefits garnished. However, this does not apply to Supplemental Security Income. The government considers SSI to be a welfare benefit, and garnishments are not permitted.

Gender breakdown of the failure to pay child support

New York parents may be interested in learning about how common it is for non-custodial mothers to miss child support payments. Some studies show that this problem is more common that most people might think, though the overall effect of it on custodial fathers is debatable.

Understanding child support obligations in New York

If a New York noncustodial parent is sued for child support, he or she will be served with a summons to appear in court. If a parent believes that he or she has been served improperly, the parent is advised to show up on the day posted on the summons. He or she can then ask for a Traverse Hearing, which may result in the case being dismissed until the parent can be properly served.

Ending child support payments

Many New York parents may believe that child support ends when the child turns 18. However, there are certain circumstances that allow a parent to receive child support even after the child turns 18. Some of these circumstances may include if the child is still attending high school, has special needs or is still living at home with the custodial parent.

How custodial parents may use child support payments

New York parents who are receiving or paying child support often have questions about how support payments can be used. Many people believe that child support can only be used to pay for a child's basic necessities, such as food, clothing and housing. However, support payments can be used to cover a wide variety of expenses.

The amount of child support that can be ordered

Many New York parents have experience in dealing with child support issues after they have gone through a divorce. Although child support is intended to ensure both parents fulfill their financial responsibilities to their children, some may understandably be concerned about how much they will have to pay if they are ordered to provide child support.

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Robert G. Smith, PLLC
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