Child support and visitation rights are important for families, especially when parents are not together. In New York, these two topics are handled by family law courts, which help to ensure that children are properly supported and that parents have a fair opportunity to spend time with their children. Understanding the basics of child support and visitation can help parents make the best decisions for their families, while also knowing what to expect from the legal system. These areas can sometimes be confusing and even overwhelming, so it is important for parents to have the right information about what is involved and how to navigate these issues effectively. At, Jean M. Mahserjian, Esq., P.C, we are here to guide you through the legal process and help you navigate the complexities of your case.

Of Counsel

Ashley
Mahserjian, Esq.

Managing Attorney

Joe
Capisciolti, Esq.

Associate Attorney

What Is Child Support in New York?

Child support is money that one parent provides to the other to help cover the costs of raising their child. In New York, the goal of child support is to make sure children have everything they need for a good quality of life. This support can include paying for things like food, clothes, shelter, healthcare, and education. Child support is generally paid by the noncustodial parent, which is the parent who does not live with the child full time. The custodial parent, who lives with the child most of the time, receives this support to cover these everyday expenses. This financial help allows both parents to contribute to their child’s well-being, even if they are no longer together as a couple. The court decides on child support amounts by looking at the income of both parents. In New York, there is a specific formula used to determine the amount each parent is responsible for, which is based on a percentage of their combined income. This formula takes into account how much each parent earns, as well as the number of children needing support. If a parent’s income changes, they can request a change to the child support order, but they must go through the court to make this adjustment. For parents, understanding the formula and requirements helps them prepare for the financial responsibilities that come with raising a child.

How Is Child Support Calculated in New York?

In New York, child support is calculated based on a specific formula that considers both parents’ income and the number of children they have. The law requires that parents pay a percentage of their combined income toward child support. The percentages are different depending on how many children need support. For instance, the percentage is higher if there are more children. This amount is divided in a way that reflects each parent’s income, so if one parent makes more money, they will be responsible for a larger portion of the payment. This formula is designed to make sure that child support is fair and that each parent contributes in a way that reflects their ability to provide for their child.

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Sometimes, the court may decide to adjust the calculated amount if it seems too high or too low based on the parents’ specific situation. This could include looking at things like other financial obligations, health needs, or even education expenses. If either parent disagrees with the amount, they can ask the court to reconsider, but they must provide a good reason for why it should be changed. Parents can also ask for changes to child support if their income or the child’s needs change over time. Going through the court to make these changes helps to make sure that both parents are treated fairly and that the child’s needs are met as things change.

What Are Visitation Rights in New York?

Visitation rights, also known as parenting time, are the rights a parent has to spend time with their child. In New York, the court encourages both parents to be involved in their child’s life, as this is generally believed to be in the best interest of the child. When parents are no longer together, they can work with the court to create a visitation schedule that allows the noncustodial parent to have regular time with their child. This schedule can vary based on the needs and circumstances of the family. The goal is to ensure that the child has a healthy and supportive relationship with both parents. Visitation schedules can be simple or more complex, depending on the family’s situation. Some schedules include only weekends or specific days of the week, while others may include holidays, birthdays, or vacations. The schedule should allow the child to maintain a regular routine while also giving both parents time to bond with their child. In some cases, the court may decide that supervised visitation is necessary if there are concerns about the child’s safety or well-being. Supervised visitation allows a third party to be present during visits, which ensures that the child is safe while still spending time with the noncustodial parent.

How Does the Court Decide on Child Support and Visitation?

When deciding on child support and visitation, the court’s primary focus is always on the child’s best interests. For child support, the court looks at each parent’s income, any special needs the child may have, and how much time the child spends with each parent. For visitation, the court considers factors like the child’s age, their relationship with each parent, and any history of issues that could impact the child’s safety. The court wants to make sure the child has financial support and a stable environment, so decisions are made to protect the child’s well-being. Parents can also reach their own agreement on child support and visitation, which the court can approve if it believes the agreement is fair. This allows parents to create a plan that works best for their family’s unique situation. However, if the parents cannot come to an agreement, the court will make a decision based on what it believes will benefit the child the most. This decision is legally binding, meaning both parents must follow the order unless they go back to court to request changes.

Modifying Child Support and Visitation Orders

Sometimes, parents may need to change child support or visitation orders. This can happen when a parent’s income changes, the child’s needs increase, or if the visitation schedule no longer works for the family. In New York, parents can request a modification to their court order by showing that there has been a significant change in circumstances. This could mean a job loss, a big raise, or even a move to a new location that affects the current visitation plan. Modifications are not automatic, and they must be approved by the court to ensure they are in the best interests of the child. It is important for parents to understand that they cannot make changes on their own. Even if both parents agree to a new child support amount or visitation schedule, they must still go to court to have the change approved. This keeps the order legally binding and helps prevent conflicts later on. The court will review the request and may ask for more information to make sure that the change is truly necessary. By going through the proper channels, parents can make sure their new arrangement is fair and legal.

Challenges with Child Support and Visitation Rights

Navigating child support and visitation can sometimes be challenging for parents. For instance, if a parent misses a child support payment, this can cause financial stress for the other parent, impacting the child’s stability. Some parents also face difficulties when trying to enforce visitation rights if the custodial parent does not follow the agreed-upon schedule. In cases like these, the court can help parents enforce the original order or make adjustments if needed. Seeking support from the court or a family law professional can make it easier to handle these issues while protecting the child’s best interests. There can also be emotional challenges, as parents may feel stressed or upset about not spending as much time with their child as they would like. However, by following the court’s guidance and respecting the agreements in place, parents can build positive relationships with their child over time. If a parent feels that the current arrangements are not working, they can ask the court to review the case, but they must show that the changes will benefit the child. Knowing how to work with the system can help parents maintain a good relationship with their child, even when they are not able to see them every day.

Why Working with a Family Law Attorney Is Helpful

Family law issues can be difficult to navigate, especially when emotions are involved. A family law attorney can help parents understand their rights and responsibilities, as well as guide them through the legal process. This can be particularly helpful for parents who need assistance with child support calculations or who want to create a fair visitation plan. Attorneys are familiar with New York’s family law system and can provide clear advice on what steps to take to protect both the parent’s and the child’s interests. By working with an attorney, parents can feel more confident that they are making the right choices for their child’s future. For any parent facing child support or visitation issues in New York, seeking legal assistance can make a positive difference. Whether it’s creating a new arrangement or adjusting an existing one, an attorney can provide valuable support. Parents who work with an attorney often find that the process is easier to manage and that they are better able to reach agreements that support their family’s well-being. If you are dealing with child support or visitation issues in New York, you do not have to go through it alone. Mahserjian & Mahserjian-Ortiz, PLLC can provide the guidance and support you need to make the best decisions for you and your family. Whether you are just beginning the process or need to make changes to an existing order, we are here to help. Contact us today to discuss your situation and learn how we can assist you in protecting your family’s rights and future.

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Child Support and Visitation Rights in New York