In most situations, a parent is no longer obligated to pay child support for a child after the child reaches the age of majority. However, the parent is not automatically permitted to stop making payments. If the parent wants to stop or modify the child support obligation, the parent may be required to file a motion with the court.
In some states, where one parent has been granted custody but the other parent or a nonparent has refused to return the child to the custodial parent, the custodial parent may file for a writ of habeas corpus to request that the court order the child be returned.
When the assets of the absent parent are unknown and outside the jurisdiction of the court, a garnishment of the parent’s wages to collect past due child support obligations may be appropriate.
In calculating how much child support should be paid to the custodial parent of a child, a count may consider not only how much money a parent is earning at the time of the hearing, but also certain other income and benefits, which the noncustodial parent routinely received during the months and years prior to the date the court makes its determination.
If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…