Can I Receive Child Support Even if I Was Not Married to My Child’s Parent?

Can I Receive Child Support Even if I Was Not Married to My Child’s Parent?

If you are not married but you share a child with someone, you likely have a lot of questions about the legal aspects of your circumstances. For example, many people wonder how child support works for unmarried parents. Read on for more information regarding child support for unmarried parents in New York and how it is determined.

How Is Custody Determined for Unmarried Parents?

Custody plays a large role in determining child support. When two parents are unmarried and looking to create a custody agreement, or obtain custody of the child, they will have to do the following:

  • Establish legal paternity for the child
  • Establish legal custody orders for a minor
  • Enforce child support or alimony payments
  • Create a parenting time court order for biological parents
  • Set grandparent/adult sibling visitation orders

This can be difficult to do, so it is important to retain the help of an experienced family law attorney.

How is Child Support Determined in New York? 

New York State believes that both parents have a financial responsibility when it comes to their children, regardless of the parent’s marital status. As a result, a parent will still have to pay child support, even if they are not married to the other parent.

New York’s Child Support Standards Act (CSSA) is a formula used to equitably calculate a base amount of child support. The greater number of children, the greater the percentage of combined income must go to child support.

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- no less than 35%

In addition to this formula, the court will also consider:

  • The financial resources of each parent
  • The financial resources of the child
  • The child’s physical and emotional health
  • The tax consequences of each parent
  • The non-monetary contributions of each parent regarding the care of the child
  • The educational needs of either parent
  • The disparity of the parent’s gross income
  • The needs of children

If you have any questions or concerns regarding child support in New York, contact our firm today to speak with an experienced family law attorney. We are here to walk you through all of your family law matters.

Contact Our Experienced Firm Today

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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