When the parents of a child go through a divorce or separation, a child support arrangement is made. In such an arrangement, the non-custodial parent makes monthly payments to the custodial parent for the purpose of the children’s livelihood. Child support should go towards helping the custodial parent pay for food, clothes, schooling, or anything else that directly involves the costs involved with raising the children.
The parent that does have custody should hopefully only use the child support payments for the purpose of the children, in addition to the other income that they make at work. However, there are some situations in which the custodial parent does not have any other source of income. Technically, in the state of New York, they are still allowed to collect child support payments even if they have no other income. The state just hopes that the payments are being used for the children as opposed to supporting the other parent. If the state finds out that you are not working but are collecting child support, they may supplement you with some money. However, this would reduce the amount of child support that you are allowed to collect. It all depends on your specific situation.
If you are not working at the time of your divorce but are still the custodial parent, you may be able to request that your ex makes spousal support payments to you each month. So, not only would you be able to collect child support, you may also be able to collect spousal support. Only in certain circumstances is spousal support granted, so you should have a good reason for not working if you are capable of it. It is likely that you will only obtain spousal support payments temporarily until you are able to financially support yourself.
If you have questions regarding your child or spousal support agreement, you should contact an experienced family law attorney who can take a look at your individual situation and provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.