If you are going through a divorce in New York and you are the custodial parent, you are probably facing all kinds of new information that you did not deal with before. One of the things you must consider is how you will support a family financially with just one income instead of two. Fortunately, the New York State Unified Court System puts requirements in place to ensure the non-custodial parent helps with costs.

Child support can include payments for any health care costs not covered by insurance, childcare, medical support or health insurance for the child and cash payments based on the needs of the child and the non-custodial parent’s income. The amount of child support is determined during the divorce proceedings, and state laws require that a non-custodial parent provide for a child until they are at least 21 years of age.

The custodial parent is defined as the parent who has physical custody of the child, meaning that they live with you for the majority of the time. If you were never married to the non-custodial parent, there must be an Order of Filiation or Acknowledgement of Paternity to establish parenthood. Even if you can afford to support the child on your own, you can still receive child support from the non-custodial parent.

If you currently live with the other parent and you are raising the child together, you may request child support if the other parent refuses to help cover the costs of the child’s bills. Both parents are required to pay child support if a child is placed in foster care.

This is for educational purposes and should not be interpreted as legal advice.