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Resolving disputes creatively

Deciding on the child support amount in a New York court-Part I

New York residents may agree that a divorce can have a terrible effect on children. As their parents fight, children may feel insecure. What many parents do not realize is that although they might have fallen out of love with each other, their children might still have the desire for their parents to live together under the same roof. Unfortunately, this often is not possible. Hence, in the best interest of the child, the court typically orders one parent to have legal custody of the child and orders the other parent to pay child support.

If a father is the non-custodial parent, then the custodial parent and the biological father will need to visit a New York State court in order to obtain a child support order. The child support amount will be determined by the court. If the court action for child support was initiated in another court, the legal father will learn of the child support amount from a summons or a petition. From the petition, the father will learn about the details of the child support order

In the summons, the legal father will learn when he must appear in court for the child custody hearing. All of the details will be included in the summons, including the time when he has to appear and a list of documents that he must bring with him to court.

In court, a decision will be made regarding how much child support the father will have to pay. The father will be expected to present his latest tax return as well. The court may also request pay check stubs, W2s and other documents that can prove the father's income. The judge will then decide how much child support the father will have to pay.

Having a legal advocate by one's side during this process can be beneficial. An experienced attorney can help ensure a father's rights are protected and that he is not treated unfairly under the law.

Source: ChildSupport.NY.gov, "Noncustodial Parent Information," Accessed on Aug. 20, 2015

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