Title: Child Support Termination Form for New York: A Comprehensive Guide Introduction: In the state of New York, child support termination forms play a crucial role in legally ending child support obligations. Understanding the different types of child support termination forms available is essential for parents going through this process. In this article, we will provide a detailed description of child support termination forms in New York and explore various types commonly used. 1. Child Support Termination Form: The Child Support Termination Form is the main document used to initiate the termination process. This form typically requires the custodial and non-custodial parents to provide their personal information, as well as details about the child(men) involved, current child support order, and the reasons for requesting termination. Moreover, it may also require income verification and supporting documentation. 2. Stipulation and Order of Termination: In cases where both parents are in mutual agreement to terminate child support, they can use the Stipulation and Order of Termination. This form requires both parents' signatures, offering consent for the termination. Additionally, it outlines the specific terms of termination, such as the effective date and any agreed-upon conditions or modifications to the existing child support agreement. 3. Petition for Termination: If one parent seeks to terminate child support while the other parent disagrees, a Petition for Termination can be filed. This form serves as an application to the court, requesting a hearing to support the termination. It requires the petitioner to outline compelling reasons justifying the requested termination, such as a change in circumstances, emancipation of the child, or completion of child support obligation. 4. Response to Petition: In response to a Petition for Termination, the opposing party can submit a Response to Petition form. This form allows the non-petitioning parent to present their argument against child support termination. It is an opportunity to contest the petitioner's claims and provide counter-evidence or propose alternate terms for continuing child support. 5. Notice of Termination: Once the court approves the termination, the custodial parent may need to complete a Notice of Termination form. This document serves as a formal notice to relevant agencies, including the Child Support Enforcement Unit and the New York State Department of Taxation and Finance. By submitting this form, the custodial parent ensures the proper termination of child support enforcement actions and potential financial adjustments. Conclusion: Navigating child support termination in New York requires understanding and complying with relevant forms. By familiarizing yourself with the Child Support Termination Form, Stipulation and Order of Termination, Petition for Termination, Response to Petition, and Notice of Termination, you can appropriately terminate child support obligations, whether through mutual agreement or court intervention. Remember to consult with a family law attorney or seek legal advice to ensure accuracy and compliance throughout the process.
Child Support Termination Form For New York
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FAQ
The non-custodial parent is responsible for bringing forward the paperwork to terminate child support to get a court order to have the payments stopped. You should never wait on the custodial parent to do this.
While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income. One of the common reasons that noncustodial parents petition the court for a downward modification is due to a loss of employment.
A custodial parent may file a petition with their local child support agency. That petition will then be forwarded to the New York City Law Department office in the county where the non-custodial parent resides. This matter will then be litigated in the New York City Family Court located in the same borough.
Once the child reaches 21 or is married, fully employed, or joins the military (emancipated between 17 and 21), the noncustodial parent files a petition to terminate child support in NY. The court then reviews this petition, and after approval, the child support payments stop.
Change (modify) your child support order: ? At least three years have passed since your order was last established, modified, or adjusted. ? Either parent's gross income has changed by 15% or more since the order was last established, modified, or adjusted. A reduction in your income cannot be by your own choice.
