Here is a law referencing child support in regards to child care expenses that the custodial parent incurs...this law is almost NEVER asked for or enforced. Again, it is up to us to spread the word and let parents know they have a right to get help with child care.
New York child support includes "add on" child support obligations that parents must pay for their children. Those add on expenses are in addition to the Basic Support and include unreimbursed medical expenses and daycare expenses.
Reasonable day care expenses incurred to allow a custodial parent to work, to seek work, or to allow a custodial parent to enroll in educational programs that will lead to employment will be paid by both parents. The important word on this issue is "reasonable". Reasonable can include paying a day care provider for a full week of daycare when the children only attend daycare four days. Some day care facilities will not care for children on a part time basis. Others require that the daycare be paid every week, even if the family is away on vacation. These and other requirements of the day care provider can seem harsh. In fact, many non-custodial parents will claim that the custodial parent purposely obtained the most expensive daycare available because of those requirements.
The obligation to pay day care expenses is based upon an apportionment of the parents' incomes. If one parent earns 40% of the the combined parental income, that parent will pay 40% of the daycare expense in addition to the basic child support amount. For example, if the weekly day care expense is $100, that parent will pay $40.
This article writes on poverty, in either custodial or non custodial parents..and the laws that protect them. I would like to point out however, that if a custodial parent was stricken with such poverty, and COULD not support the children in the home, the state would step in and remove them. Why, then, is it ok for a non custodial parent to declare such poverty, and not have to be responsible for their child/children? Should the state not step in, and decide the non custodial parent is unfit financially, and take matters that would be taken if the custodial parent was not fit financially for the children? Double standards my friends, double standards. In New York State, it is ok to be poor and not pay child support. However, if you are the custodial parent, and are poor, and do not receive child support, the state will most certainly step in and take the children in question, often times giving the children to the non custodial parent, who will then file for state services, that the original parent could not get because they worked. I also, have ever heard of or seen a child support order in NYS that imputes the non custodial parents income. If a non custodial parent CAN work, and is employable, this should be set into place, sadly it is NOT!!!
Second is the situation where the parent is very poor although not receiving any form of public assistance. If the noncustodial parent's child is receiving TANF cash benefits, the state agency will wish to force that parent to go to work so that he/she can pay child support to offset the cost of public assistance. The agency is likely to allege that the noncustodial parent is employable and urge the court to impute income to him/her.[61]
This one is set in stone, yet another one that is almost NEVER enforced. Many non custodial parents stop working, or take a less paying job the moment they are taken to court for child support, there for only having to pay the state minimum of $25, regardless of how many children they have left behind. Its time for a change. Many states have it set up so that the non custodial parent has to pay what they would pay IF they were working at least minimum wage. Doing so encourages the non custodial parent to actually work, because they have to pay that money whether they do or not...
If the court determines that a parent has reduced income in order to avoid their child support obligation, the court may impute additional income to the parent based on their former resources or income. See DRL 240 1-b(b)(5)(v).
It is time for New York State parents to stand up and rise against this injustice to our children. Trust me when I say, if we could not or WOULD not work and take care of our children, they state can and WILL step in and take them. This is a double standard here in NY. Non custodial parents should have the same standards as a custodial parent does.
I was originally going to write this post about the amount of non custodial parents, and percentages who receive disability, and do not have to pay because of that. Apparently finding this info is harder than I though. I will continue my search into this matter.
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