What are the limits on collecting child support in New York?

What are the limits on collecting child support in New York which is past due and how far in the future does child support continue? Can add-ons be collected in the same way? Here is an overview of the limitations of collecting child support in New York.

Generally, child support may start from when the mother incurs expenses of delivery until the child is 21. If the child has a disability that arises before the age of 18 then a special petition may be filed to continue child support. If the child does certain actions which evidence adulthood like joining the military, getting married or living away from home and holding down a full time job, then the payor may be able to terminate child support or legally emancipate the child. A child’s stay in a college dorm is not a basis to terminate child support.

A petitioner for child support can collect child support arrears of up to two years before the petition is filed. If parentage is not legally known, a paternity petition may be filed first.

If the parties are living together and the payor spouse is refusing to help providing for the child, even then the parent can file a petition for child support.

A party can modify child support, if at least one parent’s income changes by more than 15%, more than three years has passed since last order or based on other change in circumstances which impacts child support.

A party can file a petition to enforce child support on child support ad-ons in the same way that a petition can be filed to enforce basic child support.

If you are interested in obtaining a consultation about your child support needs contact Diana Arnone Esq. of Diana Mohyi Attorney at Law, PC.