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December 2014 Archives

What child support can cover

It is not uncommon in New York for a noncustodial parent who is ordered by the court to pay child support to the custodial parent of their child to complain that the custodial parent spends the money on a host of things other than the child's bare necessities. Contrary to popularly held beliefs, however, child support is not ordered just to provide for the most basic needs a child may have.

Modifying a child support order in New York

Those who wish to change or modify their child support order should first petition the court for such a change. When the petition is filed, any documentation to support the change should also be included. Once the petition is filed, a hearing date will be scheduled to determine if the request should be granted or if another fact finding hearing needs to take place.

When and how to challenge paternity

Knowing the identity of a child's father is very important when custody matters arise in New York. A child's mother and father have rights and responsibilities concerning a child that others do not. Determining paternity may allow a father access to a child or allow a guardian to receive support from a father.

Evaluating the best interests of the child

Parents in New York may benefit from learning more about the factors family courts consider when evaluating what course of action is in the best interest of the child in a custody proceeding. The child's happiness and safety are typically of the highest priority when a judge is considering what options are best. Family courts may also evaluate the caregiver or parent's living circumstances and the adult's capacity to be a parent.

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