Child Support & Paternity

The custodial parent can get child support from the other parent, the non-custodial parent. The custodial parent is the parent who has physical custody of the child, and this means that the child lives with this parent most of the time.

If the two parents were never married to each other, there must be an Acknowledgment of Paternity or Order of Filiation to establish paternity.

The custodial parent can get child support even if that parent can support the child on their own.

Even if the two parents are living together with the child, one parent can get a child support order if the other parent refuses to help pay for the child's bills. If the child is in foster care then both parents have a responsibility of paying child support.

Beth A. Rosenthal, P.C. has been assisting her clients with all of these complex, often very sensitive, matters for over 25 years. Call today for a free consultation to discuss your individual case.

Child support can be: 

New York uses the income shares model to calculate child support awards. The model is based on the notion that a child should receive the same proportion of parental income that they would have received had the parents remained together; therefore, the guidelines use both parents' incomes in the calculation and the percentages are the same regardless of the parents' level of income.

The guidelines are presumed to be the correct amount of support to be awarded in any hearing for child support. You can overcome this presumption by a written finding that the support (as determined by the guidelines) is inappropriate or unjust under the circumstances. You can request a change in the order before it's in place. The judge will decide whether to reduce or increase the amount.

After the child support order is in place, you can file for a modification based on major changes in circumstances such as losing your job or relocation. Additionally, the law requires an automatic review for cost of living adjustments every two years.

New York's guidelines are fixed percentages of gross income, vary only by the number of children and are as follows:

State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While these figures and laws may be the most current information at this time, please consult a specialized attorney, such as Beth A. Rosenthal, P.C., to discuss your specific matter today!

In New York, the state provides couples with the documentation needed to do this in the hospital or at any time after the birth of the child. The form will need to be filled out and signed in front of a notary before being filed; however, submitting this form waives a couples’ rights to a DNA test in the future if any doubt of paternity may arise. If a couple is serious about establishing paternity for their child, they should seek the help of an experienced paternity lawyer here in New York. When paternity is established before a marriage, it can determine child custody rights in the future.

Couples already married do not need to file an Acknowledgment of Paternity. The child is automatically assumed to be of the married couple, and the father will automatically have rights in the event of a divorce; however, if a couple conceived the child before a marriage or the mother has a child from another partner, paternity may need to be established. 

If the mother was previously married when a child was conceived, it will be assumed that the ex-husband is the father, but if the mother wasn’t married when that child was conceived, who will be considered the father? The answer is not always easy nor is it strictly black and white. The state of New York doesn’t necessarily consider the biology of the father.

If the child is from a previous relationship the mother had, but the new husband has a significant bond with the child, the new husband may be considered the father by the state. While a DNA test can tell the court who is biologically the father, there are more factors that go into deciding who has “parentage” than just biology. As you may imagine now, it’s important to establish paternity for a child in cases like this, both for the child’s sake and your own.

Unfortunately, there are many cases where a father signs an Acknowledgment of Paternity, only to find out in the future he is not the father. In this situation, the father may want to have the document vacated. He will need to contact a family law attorney to present his case to a judge and stop the Acknowledgement of Paternity. Beth A. Rosenthal, P.C. has the vast experience handling these difficult situations.

An Acknowledgement of Paternity establishes many factors other than who the father of the child is. It can affect Social Security and other benefits, inheritance, child support, child custody, and more. It also establishes a clear medical history within the family’s lineage. When spouses get divorced, fathers have what is called “father’s rights,” but these rights are null and void if paternity is not established; hence, to determine custody, support, and visitation rights, a paternity ruling is absolutely crucial.

A competent New York paternity attorney can assist couples in finding and establishing paternity for their children. If you are considering filing an Acknowledgement of Paternity or you need to have the file vacated, contact the law office of Beth A. Rosenthal, P.C. today. Her practice has been exclusively for family and matrimonial law for more than two decades. With over 25 years of experience in New York practicing this area of law, she’s committed to the well-being of her clients and fighting for what they deserve! Please contact us online or call us to schedule a free, in-office consultation.