Child support is crucial for New York parents who are struggling financially. The child support process can be intimidating and figuring out the information necessary to even file a claim for child support can be confusing and complex.
Before applying for child support in New York, it is important to make sure you qualify as someone who can file a claim. Under New York law, any parent, guardian or caretaker of a child can file a claim for child support. Many people may not realize that a child may even file for support for themselves if they are emancipated and not living with either parent.
There is some basic information required for any child support claim filed in New York. Overall, the more information, the better. If any information is missing or unknown, it could significantly delay a child support case, or even prevent one from getting off the ground. For any children, you will need to provide a current address, their birth certificates, social security numbers and health insurance information.
In addition to information about yourself and the child/children, you will need information about the other parent. This is where many cases stall or get delayed.
First, you will need to provide a paternity acknowledgment or any other document establishing paternity. Next, a valid address for the other parent must be provided. A child support order cannot be entered without the other parent knowing about it and having a chance to participate in any proceedings. They must generally be given notice through the mail, which is why a current address is required.
Income information for both you and the other parent is also needed. Any documents you can provide on income, such as pay stubs or tax returns, generally suffices. Expenses may be harder to determine, but a general estimation typically helps, as does providing bank statements showing general monthly expenses.
Obtaining financial information for the other parent may be more difficult, but again, any information you can provide can help, even if it is just information on their last known employer or past wages.
Gathering the information for yourself and your child is relatively straightforward, but not having the necessary information for the other parent may complicate or hinder the process, particularly if the other parent is uncooperative. A family law attorney familiar with the child support process can help.