Both parents are required to financially support their children. However, a parent may not block you from visiting with your child for failure to pay child support. Child Support and Visitation are exclusive of each other.
The standard applied for determining visitation is, "What is in the best interests of the child?" not how much money each parent has paid toward support.
If the person having physical custody of your child is preventing you from having meaningful visitation then you should speak with an attorney to find out how you can exercise your visitation rights. The legal system can be difficult to navigate alone. Find out how the Law Offices of Melissa S. Aguanno can make the process easier.
If you are in arrears with your Child Support payments you should seek to remedy the situation as soon as possible. Failure to pay child support may result in suspension of your driver's license and/or incarceration. New York State child support is statutory by nature. This means that support payments are based on your earnings, for the most part. If you have lost your job or your earnings have decreased, then you may want to request a Child Support Modification.
CHILD SUPPORT STANDARDS CHART
This Child Support Standards Chart can be used to determine an approximate annual child support obligation. For a detailed, legal explanation of all factors used by the court in calculating a child support obligation, you should consult section 413 of the Family Court Act. Please note, for incomes that fall within the stated chart intervals, use of the percentages listed below will result in a more precise calculation than the interval amounts included in this chart.
Note: where the total combined parental income of both parents exceeds the “combined parental income amount” ($136,000 as of January 31, 2012) the law permits, but does not require, the use of the Child Support Percentages in calculating the child support obligation on the income above such amount. The combined parental income amount will be adjusted every two years (effective January 31st for applicable years) based on the average annual percent changes to the federal Department of Labor’s Consumer Price Index for Urban Consumers. The adjusted combined parental income amount will be announced and available at NYS Division of Child Support Enforcement until such time as this revised form is released.
Find out more about child support at childsupport.ny.gov
Child Support Percentages:
One Child: 17%
Two Children: 25%
Three Children: 29%
Four Children: 31%
Five or more Children: no less than 35%