Child Support Hearing

The Judge or Support Magistrate will want to know the financial situation of both parents. The parents must give the court copies of their most recent tax returns, pay stubs, and a completed Financial Disclosure Affidavit. The court will usually ask for proof of the expenses, such as for food, rent, clothing, medical costs, child care, and education. The court will listen to all of the evidence from both parents. It will then decide how much the parent who does not have custody has to pay for child support.

It can take several court visits for the Judge or Support Magistrate to understand your family's financial situation. A "temporary" order of support may be given the first time you go to court. The temporary order will tell the other parent to start paying some amount of child support right away. This child support amount may be different from the amount in the "final" order of support.

In New York State, the Child Support Standards Act is the law that tells the amount of child support a parent must pay. Child support is based on a strict formula which depends on both parents' income, how many children the parents have together, and what the children's basic needs are.

Child support also includes child care and medical care not covered by insurance. Child support can also include money for the child's education. The child must be covered by health insurance. If neither of the parents have health insurance, the court will order the custodial parent to apply for the state's child health insurance plan.


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