I’ve got a bit of a situation here. So, I’m the non-custodial parent of my 16 and 17-year-old kids here in New York. Sadly, their custodial parent passed away last week. Now, I haven’t been actively involved in my kids’ lives for the past 13 years, but I have been providing financial support.
I’ve had a chat with the parents of the custodial parent who passed away, and it turns out their daughter and her husband want to take full custody of the kids. My question is, do I need to make changes to the child support arrangement so they receive payments? And if they decide they don’t want to receive child support from me, should I still pay the kids directly? Also, if they’re not interested in child support but want full custody, do they need to pursue adoption?
Thanks for your input, guys. Appreciate any advice you can offer.
Maybe it’s time to figure out what you really want in this situation.
Are you interested in taking custody of the kids yourself? Or are you okay with the children’s aunt and uncle having custody? Would you be open to them adopting the kids?
Legally, you might not be required to continue paying child support since the court order was to pay the custodial parent. However, ethically speaking, if another family member steps up to raise them, you might feel a sense of responsibility to contribute financially. If you choose not to, there’s a chance they could just drop the kids off at your place, and legally, they’d become your responsibility as the sole parent.
It might be a good idea to talk to a family law attorney in New York since each state has its own way of handling these kinds of situations. They can provide more personalized advice based on your specific circumstances.
@DolphGabbana When physical custody is shared 50/50, all states follow the same formula. The parent who earns the most money (difference greater than a few dollars) is required to pay sufficient child support to the other parent so that the child can have the same standard of living with each parent. The income of new spouses or partners is not included in this calculation.One parent paying monthly for a Maserati while the other is driving a four-year-old Ford is not considered an allowable expense. Only reasonable expenditures for housing, transportation, and insurance are permitted for both parents. The amount that remains after deducting REASONABLE living expenses from both earnings is used to calculate child support, allowing the less fortunate parent to raise the kid’s standard of living such that it is the same in both homes.
The formula for child support is mostly dependent on income. Child support is usually not paid if parents share equal time. It can be ordered, nevertheless, if there is a significant economic gap between the two parents.