Full question:
My divorce proceedings are ongoing. I am currently not employed and have no income. Can I evade providing child support upon showing no income under New York law?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: New York
Answer:
In New York, it is settled under N.Y. Fam. Ct. Act § 413(1)(a), that parents are required to support their child under the age of 21. Thus, a parent may be required to provide child support even if he/she has no income. This is provided under N.Y. Fam. Ct. Act § 413(1)(a), which reads as:1. (a) Except as provided in subdivision two of this section, the parents of a child under the age of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine. The court shall make its award for child support pursuant to the provisions of this subdivision. The court may vary from the amount of the basic child support obligation determined pursuant to paragraph (c) of this subdivision only in accordance with paragraph (f) of this subdivision.
(b) For purposes of this subdivision, the following definitions shall be used:
(1) “Basic child support obligation” shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) “Child support” shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
(b) For purposes of this subdivision, the following definitions shall be used:
(1) “Basic child support obligation” shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) “Child support” shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
In Janice S. v. Christopher S., the court found that child support is decided by the parent’s ability to provide support to the child and not upon the current economic situation.
Therefore, the court stated that under the Child Support Standards Act (“CSSA”)guidelines a parent having no income is also required to provide child support.
In the instant case, the current unemployment of the parent may not allow him/her to avoid providing child support under N.Y. Fam. Ct. Act § 413(1)(a).
Janice S. v. Christopher S., 40 Misc. 3d 1235(A), 980 N.Y.S.2d 276 (Sup. Ct. 2012).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
