When going through a child support case in a New York State court (whether in Family or Supreme Court), there are various documents that must be provided to ensure that the case is properly evaluated and the current dollar amounts are applied to calculate the correct presumptive amount of child support. Whether you are the custodial parent seeking support or the non-custodial parent fighting to reduce your payments, the following documents must be presented:
Income Information: These would be the most critical documents that must be provided in a child support case. Both parents must disclose their income, including their employment income, rental income, business income, and any other sources of income. The purpose of providing income information is to calculate the amount of child support to be paid. Income information should be supported with tax returns, pay stubs, and W-2s.
Financial Affidavit/Statement: A sworn financial statement is required to support the income information provided. The statement should list all your assets, liabilities, and expenses. It should also show your monthly income and the source of the income.
Child Custody Agreement: If there is a custody agreement in place, it should be provided to the court. The agreement should outline the custody arrangement, the responsibilities of each parent, and any existing child support arrangement. The court will use the custody agreement as a guide in making decisions about child support.
Medical Insurance Information: Both parents must provide information on the medical insurance they have for the children. The information should show the cost of the insurance and who pays for it.
Proof of Child Expenses: The expenses of the child, including education, medical care, and extracurricular activities, must be shown to the court. Proof of expenses can include receipts, bills, and bank statements.
Bank Statements: Bank statements must be provided in some instances to show proof of income and expenses. The bank statements will help to determine the actual amount of money spent on the child's needs. This is more common in divorces but occasionally are required through Family Court support proceedings as well.
Employment Information: Employment information must be provided to show proof of income. The employment information should include the name of the employer, the address, and the duration of employment. If you are self-employed, you must provide your business income statements.
Income Tax Returns: Income tax returns are crucial in determining income. Both parents must provide the most recent income tax returns. The returns must be provided for the last three years.
Birth Certificates or Acknowledgment of Paternity: Birth certificates of the child must be provided to confirm the relationship between the parents and the child.
Social Security Numbers: Both parents and the child's social security numbers must be provided. This is necessary to facilitate the child support enforcement process.
Going through a child support case can be daunting, but providing the required documents can help to make the process easier. With the right documents, we can assist you with your child support matter to get the correct amount awards.