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Must I Still Pay Child Support?

By Jerome A. Wisselman and Randall Malone

Prior to enactment of the Child Support Standards Act (CSSA) in 1989, court holdings often referred to “reciprocal” duties of visitation and child support. Today, generally, it is the public policy of New York State to strictly separate visitation from child support issues. New York's family courts accordingly assign different categories of hearing officers to address these issues separately: A judge or referee will handle issues like custody, family offenses and neglect, while a “Support Magistrate” handles support issues.

There are good reasons for this policy. Issues behind why a noncustodial parent and child are not seeing each other can be complicated, often with deep histories and interlacing areas of fault or failure on everyone's part. Family Court judges have the power to direct parties to special resources ' such as expert psychologists and therapeutic visitation programs ' to address these problems, sometimes over long periods of time.

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