TOP DIVORCE LAWYER IN NYC – MAKE SURE YOU CORRECTLY FILE FOR CHILD SUPPORT WHEN YOU ARE SEEKING A DIVORCE IN NEW YORK AS SOON AS POSSIBLE
We all know child support is for the financial support of a child, under the age of 21, payable by the non-custodial parent to the custodial parent. A custodial parent is the parent that has physical custody of the child and where the child primarily resides. We also know generally that child support is paid in accordance to a percentage of the non-custodial parents income, in accordance with the law ranging from 17% if there is only one child involved up to 35% if there are 5 or more children involved in the matter. However, do we know when the custodial parent is scheduled to receive child support? Top Divorce Lawyer In NYC explains.
If a person files for child support in a Family Court of New York, the person who determined to be the custodial parent may receive child support from the date of the filing of the initial petition, whether or not the case is decided immediately or in the future. New York Family Court has statutes where child support can be applied retroactively to the filing of the petition.
The same rule applies in New York Supreme Court, where divorces are handled. All divorce cases must resolve and settle all issues related to the divorce; where children are involved, New York Supreme Court is the court which resolves all custody and child support matters.[1] As in New York Family Court, courts in New York have held that Child Support can be applied retroactively. However, top divorce lawyer in NYC says that there is a slight but important distinction that, if not followed, can cost you greatly if it is not applied.
If you are filing a divorce action and are seeking child support as a custodial parent, you will be able to receive child support retroactively to the date the application seeking child support was first made. [2] A divorce case in Supreme Court begins when a Plaintiff files either a summons with notice or a summons with verified complaint. Upon filing either a summons with notice or summons with verified complaint, you must formally request child support in writing to receive child support from the earliest possible time.[3] If you do not ask for child support immediately upon beginning your case then you will not receive child support from the time the case began. If you ask for child support at any future time, the courts will still allow you to receive child support, but it will be from the time you first asked for it. As an example, you begin a divorce case in Queens County against your spouse. You begin by filing a summons with notice with the County Clerk on January 1, 2021. However, you did not formally request child support for your children. You ultimately hire a lawyer who informs you that you must file a verified complaint to legally be entitled to child support. Finally, with the help of your lawyer, you filed a verified complaint on April 1, 2021, officially seeking child support from your spouse. According to New York law, you will be entitled to receive child support retroactively from April 1, 2021 rather than January 1, 2021. It is very important to hire an attorney that understands the nuances of Family and Matrimonial Law to ensure you will receive the maximum in which you are entitled to.
[1] Of course, if you and your spouse resolve child support in family court or by a written agreement, New York Supreme Court will not decide and determine child support.
[2] Domestic Relations Law Sec. 236[B][6][a]; [7][a]. Schiffer v Schiffer, 21 A.D. 3d 889, 890 (NY 2nd Dept. 2005).
[3] While the same rule applies in New York Family Court, the filing of a child support petition automatically seeks child support and as such, all Child Support matters resolved in New York Family Court will be applied retroactively to the date of filing.
If you have any questions, please contact the Kleyman Law Firm, qualified Top Divorce Lawyer in NYC, nyc-divorcelawyer.com.
