Domestic violence is a pervasive issue that affects millions of people globally, and New York is no exception. In addition to its devastating physical and emotional effects, domestic violence can also have a significant impact on child support cases in New York.
When a couple separates or divorces, the non-custodial parent is typically required to pay child support to the custodial parent. However, in cases where domestic violence has occurred, child support can become more complicated. Here are some of the ways domestic violence can impact child support cases in New York:
Effect on Custody Arrangements
Domestic violence can have a significant impact on child custody arrangements. In New York, courts are required to consider the best interests of the child when making custody decisions. If a parent has a history of domestic violence, the court may decide that it is not in the child’s best interest to spend time alone with that parent. This could impact the amount of child support that the non-custodial parent is required to pay.
Financial Impact
Domestic violence can also have a financial impact on child support cases. If the victim of domestic violence is the custodial parent, they may require additional financial assistance to cover medical expenses, therapy, and other related costs. In addition, if the non-custodial parent has a history of domestic violence, they may be ordered to pay more child support to help cover these expenses.
Impact on Income
Domestic violence can also impact a parent’s income, which can impact child support. For example, if the victim of domestic violence is unable to work due to physical or emotional trauma, their income may be reduced. This could impact the amount of child support that the non-custodial parent is required to pay.
Impact on Child Support Enforcement
Domestic violence can also impact the enforcement of child support orders. If the non-custodial parent has a history of domestic violence, they may be more likely to be non-compliant with child support orders. This can make it difficult for the custodial parent to receive the financial support they are entitled to.
Modification of Child Support Orders
If a parent who is paying child support experiences a significant change in their income or financial circumstances, they may be able to request a modification of the child support order. This could include a reduction in the amount of child support they are required to pay. However, if the reason for the change in circumstances is related to domestic violence, the court may be less likely to grant a reduction in child support.
Protective Orders and Child Support
In some cases of domestic violence, a protective order may be issued by the court. This is a legal order that requires the abuser to stay away from the victim and can also include provisions related to child custody and child support. If a protective order is issued, the court may require the non-custodial parent to pay child support through a state agency, which can help ensure that the payments are made and that the victim and child are protected.
The Role of Attorneys in Domestic Violence Cases
Domestic violence cases can be complex and emotionally charged, and it is essential to have an experienced family law attorney on your side. An attorney can help you understand your legal rights and options, advocate for you in court, and help ensure that you and your children are protected. In domestic violence cases, attorneys may work with social workers, victim advocates, and other professionals to provide a comprehensive approach to addressing the issues at hand.
Domestic violence has far-reaching effects on families, including its impact on child support cases in New York. It is essential to work with experienced professionals who understand the complexities of domestic violence cases and can provide the support and guidance needed to navigate these difficult situations. By working together, victims of domestic violence can seek justice and ensure that their children are protected and supported.
As a family law firm, as Jean M. Mahserjian, Esq., P.C, we have extensive experience handling cases involving domestic violence and child support in New York. We understand the complexities of domestic violence cases and how they can impact child support orders. Our firm can provide legal guidance and advocacy to victims of domestic violence, helping them understand their legal rights and options.
We are committed to advocating for victims of domestic violence and can help them obtain protective orders, seek custody of their children, and ensure that child support orders are enforced. We work with social workers, victim advocates, and other professionals to provide a comprehensive approach to addressing the issues at hand.
If a victim of domestic violence experiences a significant change in their financial circumstances, we can help them request a modification of the child support order. We can help victims understand the factors that the court will consider and advocate for their rights.
We can also help victims of domestic violence enforce child support orders. We work with state agencies to ensure that child support payments are made and that victims and children are protected.
By working with our experienced family law attorneys, victims of domestic violence can seek justice and ensure that their children are protected and supported.
