If I Don’t Have Visitation do I Still Have to Pay Child Support?

A commonly asked question is: If I don’t have visitation, do I still have to pay child support? Read on to learn the answer.

What to know about visitation:

In New York, there are two main forms of custody: physical and legal custody. Physical custody is awarded to the parent who has the child for more nights of the week. Legal custody gives a parent the right to make important decisions on behalf of the child involving healthcare, education, religion, and more. If a parent is deemed unfit, the other parent will receive sole custody. Typically, the parent who has lost custody will have either supervised or unsupervised visitation. However, each situation is unique and in some cases, a parent will not be awarded visitation.

How is child support determined?

New York State uses the Child Support Standards Act. When the combined parental incomes exceed $143,000, it is at the court’s discretion to apply the child support percentages as follows:

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- at least 35%

In addition to the formula in place, the court may also take into account:

  • Your child’s age
  • Whether your child has any special needs
  • Whether your child will attend college or pursue higher education
  • Your yearly income
  • The child custody agreement in place
  • The number of children you have

What if I don’t pay child support?

If you have been ordered to pay child support, you will have to do so, regardless of visitation. Therefore, if you do not have visitation, you will still have to pay child support. Refusing to pay court-ordered support can result in legal trouble. A New York court may enforce child support through the following methods:

  • Wage garnishment: A New York judge can order your employer to take a portion of your paycheck and pay it directly to your child’s other parent
  • Property liens: A judge can order some of your property to be seized until payments are made. 
  • Suspension of drivers’ licenses: Your license may be suspended until payments are made.
  • Imprisonment: You may be imprisoned until payments are made.

If you have any questions about child support and visitation in New York, do not hesitate to reach out to our firm.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.