Many people tend to think of child support disputes in the context of divorce cases. While it is true that child support is a common issue in any given divorce, the reality is that there are just as many, if not more, family law cases in which child support is an issue among couples who were never even married to begin with. These disputes are some of the most common family law cases in New York.
In many child support disputes, paternity must first be established. It makes sense to make sure that the person who is ordered to pay child support is indeed the father of the child – and it is the father who is usually most commonly ordered to pay child support to the mother.
After paternity is established, it is usually just a matter of following state law guidelines for determining how much child support should be ordered. A family law judge will take into account the amount of each parents’ income, their obligations to support other children, if any, and also their capacity to earn higher wages. However, there are always exceptions to the rules, and each case is unique.
What sometimes gets lost in the discussion about child support is the emotional toll that these disputes can take on all parties involved. But, just like any other family law issue, when cooler heads prevail it can become much easier to get the legal issue addressed and move on with life.