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The divorce has been finalized, but the parenting has just begun. New York State law requires that both parents support the children they had together until the latter reach the age of 21. Child support payments do not consist of a fixed amount of money each month. The payments are scaled according to the income of the non-custodial parent. It is right that your ex-spouse do right by the children that you are primarily responsible for raising and providing for. Although the state is one of the stringent in the nation in enforcing child support orders, the authorities do not always have the information they need to ensure that the right amount of money is being paid.
You can take action on your own to ensure that your ex-spouse and co-parent of your children is doing is paying the money they should. If you suspect they are holding out on you, then your best response is to hire a lawyer and have the child support order properly enforced.
You would hope that despite the differences you may have with your ex-spouse they would want to do what is in the best interest of their own children. But this is not always the case. Some non-custodial parents get in their heads that they are doing what they can to support their kids and that the parent who has custody should shoulder more of the financial burden. However, this is not how it works, and you should not allow your kids to be deprived of the things they need because your former partner will not pay what they are supposed to.
More than that, there is a great principle at stake. Kids should benefit from the earnings and wealth of their parents. If you know for a fact that the fortunes of your ex have increased considerably since the divorce, then it is right that you compel them to pay more. It is not always easy to do this. The fact that you no longer lift with the other parent of your children makes it hard for you to obtain first-hand knowledge of their financial status. But if you hear rumors from friends that you have in common or from the children themselves that your ex prospers that is enough to take action.
The first action should be to contact a lawyer who specializes in child support law. The lawyer you hire will have a network of investigators and forensic accountants. These people will be able to take a closer look at your ex-partners finances and determine whether they are indeed making more money than they have divulged to the courts, and thus are required to increase the amount the pay in child support.
It is also important to remember that child support is not limited to direct payments. Your children should have access to any benefits enjoyed by your ex. If they have just taken out a generous health care plan, then your children should see some value from it. Everything asset, every single thing of value owned by your ex-partner must be assessed for the material good it can do the children you have together.
Going to court and getting this enforced is not only your right; it is your obligation. Your children should not miss one opportunity; they should not be made to do without because your ex refuses to pay their fair share. You must compel them to do so on behalf of your kids.