When Does The Modification Of A Child Support Order Take Effect?
A child support order will usually take affect the day hearing is concluded and the general rule is that the support is retroactive to the day the person filed for modifications.
Can I Challenge Or Oppose The Court’s Decision To Modify Child Support?
If a court has made a decision and either party disagrees with that decision, they have a right to file an objection appeal. In New York, the initial support hearings are held by a support magistrate and the objection appeal goes to an actual family court judge. The parties have to file that objection appeal within 30 days of being personally served with the decision or order, or within 35 days after it was noted that it was mailed out to them.
Which State Can Enforce Child Support If The Parent Paying Child Support Moves Out Of State?
If one parent moves out of state, you can do an enforcement proceeding in either state. You can file for an enforcement proceeding in New York and force the other party to appear, usually by phone. As long as the recipient of the child support remains living in New York, New York would continue to retain exclusive jurisdiction to modify or enforce. You can ask for income garnishments or money judgments to be issued within New York. You can also proceed in the other state. This is the beauty of the federal law. The recipient of child support can register a New York order for enforcement in another state and go after bank accounts or income garnishments there.
Can I Still Get Child Support If I Am Not Married To My Child’s Father In New York?
Whether you are married or not to your child’s father does not affect whether you can get child support. The only issue is whether he is the father of the child or not.
Can I Get Help In Enforcing Health Insurance As Part Of My Child Support Process In New York?
Health insurance is usually a very standard part of a child support hearing in New York. They will ask, at the initial hearing, if either party has health insurance available for the child. If the child or children are not covered with medical insurance and medical insurance is available to one party, the court will order that to be done.
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