Posts Tagged ‘paying child support’

Should You Pay Child Support Through The Special Collection Unit (SCU)?

Saturday, August 5th, 2017

Many spouses feel that the best way to make child support payments is through the Support Collection Unit (SCU). The SCU is a service unit run by the government that not only aids in the collection and distribution of support payments, but also keeps computerized records of said payments, which leads to fewer disputes over whether or not a payment has been made, how much was paid, and if there are outstanding balances that need to be resolved.

The SCU can also assist in making sure that past due payments are paid by the supporting party, because they are a branch of the Office of Child Support Enforcement, and therefore have a certain leverage that a parent alone does not have.

Just as the court is able to “influence” a non-paying spouse to make payments via punishments, the SCU has the same power. Actions such as wage cuts and other income penalties are often used in order to get non-paying spouses to shape up.

Sometimes, the court does not automatically assign the payments to be made/received through the SCU. In that case, you would have to file a petition in Family Court to get a modification to the divorce judgment, which typically outlines how the child support payments will be made. Luckily, getting this change doesn’t require you to prove anything in court (unlike when you apply to have the amount changed).

Moreover, when you pay through the SCU, all of it is on record, so there is never a question of whether or not you made a payment. And when you receive through the SCU, you can be assured that if there are any problems, you have a government agency to help you rectify the issues.

If you need legal assistance regarding child custody and child support in New York, call 212-826-9900 to speak to an experienced family attorney. Paul E Rudder, Esq. has years of experience handling all types of child support and other family issues.

If Both Parents Have Joint Custody Of The Child, Who Pays For Child Support?

Friday, March 3rd, 2017

Many spouses think that if there is joint custody of a child, meaning both parents have physical and legal custody, that they should not have to pay child support, or rather, child support should not be ordered by the court. In fact, this is often a reason spouses will push for shared custody, thinking that it will alleviate them from having to potentially pay child support. This thinking is flawed because of the fact that joint legal custody doesn’t tend to impact child support; only physical custody affects this.

Moreover, joint physical custody does not negate the possibility or the obligation of paying child support. Even if the two parents evenly split the custody time, sooner or later one spouse will inevitably owe some child support. This is because of the fact that the two parents earn significant different amounts, and also spend different amounts of time with the child or children.

So if the custody is shared equally, why there is still a child support obligation? Because child support payment isn’t solely based on how much time each parent spends with the child; that is only one small part of the equation. When courts award child support payments, they are also considering the income of each parent. So, it usually turns out to be that the parent with the higher income will owe child support.

It can sometimes be forgotten that the true and only purpose for child support is to ensure that the child has the proper funds and will be taken care of adequately, and who the child stays with the majority of the time is irrelevant to this.