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What’s the Difference Between Getting Child Support in Family Court or Supreme Court on Long Island

by | Aug 14, 2018 | child custody and support, News and Events

After many years working with countless Long Island parents on the issue of Child Support, I’ve seen the same dilemma many times over. The parents are in the middle of their divorce, or, are contemplating beginning their divorce and the residential parent is not receiving Child Support from the non-residential parent. It’s been an extended length of time, and now resources are running low for the residential parent. He or she feels that there is no other option, but to file for child support. If the parties are in the middle of a divorce, they are already before a Supreme Court judge. However, when dealing with child support specifically, Family Court is usually the faster route. Notwithstanding, there are some risks associated with filing for child support in Family Court during the pendency of your Divorce on Long Island.

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Financial Disclosure is Different in Supreme Versus Family Court on Long Island

During your Divorce in a Long Island Supreme Court, there are many different aspects to Financial Disclosure. Typically, both parties exchange Statements of Net Worth which contain information regarding Gross Income, Assets, Liabilities, and other Financial Data. Both parties are required to fill this out, and the Statements must contain your W-2’s, Income Tax Returns, and a copy of your retainer with your attorney. This allows both parties, and the court, to have a well-rounded picture of each parties’ finances to determine the obligations of each party, and, the excess income of each.

Alternatively, in Family Court on Long Island, the Support Magistrates are working with a calendar that may be twice as busy as that of a Supreme Court Judge. That is just the nature of Family Court. Financial Disclosure does not delve as deep as it does in the Supreme Court. Although you will likely receive a Child Support Order faster, the Family Court will not have all the information available that a Supreme Court on Long Island would. This can drastically affect the child support obligation placed upon each party.

What Happens if I have a Family Court Child Support Order?

If you have a Divorce pending in Supreme Court on Long Island, and, you obtain a Family Court Child Support Order, the Supreme Court will enforce that Order as its own. This means that your Divorce Agreement will reflect the fact that you already obtained a Child Support Order. Absent an agreement between you and your spouse, you will not be able to modify that Order.

There are a few ways you can modify a Child Support Order, but it is very unlikely that these avenues will be available to you during your Long Island Divorce if you simultaneously seek a child support order  from Family Court on Long Island. Therefore, it’s important to know that you will continue to be bound by the Family Court child support order during your divorce, as well as after the conclusion of your divorce.

Have Questions About Child Support in Supreme or Family Court on Long Island? We Can Help

Child Support is a very complicated and important matter. It’s important that you understand your rights and responsibilities when support for your children is at stake. It’s crucial for you to have an experienced Long Island Family and Divorce Law Attorney by your side to protect your interests, and those of your children. Contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation with one of our experienced Family Law attorneys.

 

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