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Last Updated on: 25th June 2025, 12:19 am
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.
According to the New York State family laws, every parent has the financial obligation to support their children until they turn 21. The support includes paying for the child’s health insurance coverage until they reach this age. The parent who lives with the child generally receives the money for support from the noncustodial parent. If the parents were not legally married, then an order of filiation and acknowledgment of paternity is necessary. The custodial parent is liable for child support from the other parent even if she qualifies to raise the child on her own. Child support is a serious issue that can land you in problems if you ignore it or violate the laws that define it.
The seriousness of child support is clear based on the stringent and strong mechanisms the state government has put in place to deal with those who violate court orders. If you fail to pay for child support, the government or court may choose to intercept your tax refunds, seize your property and even revoke your driver’s license. You might even be blocked from getting a passport or securing employment in some companies.
Child Support Laws in Bronx are encapsulated into four major sections. They include sections 413, 413-a, 416 and 458-b of the Family Court Act. Section 413 highlights the obligations of parents towards child support while section 413-deals with reviewing and adjusting the child support order. Section 416 and 458-b define all the elements contained in a child support order and steps taken to enforce these orders.
The New York Child Support Standards Act has a provision that allow the courts to calculate the basic amount of child support. The act uses a formula that combines the basic income of both parents and divides the sum with a certain percentage. According to this formula, one child should have a basic support not less than 17 percent of the combined income. Two children will have 25 percent and three children 29 percent. Four and five children (or more) will have 31 percent and not less than 35 percent respectively.
Number of Children | Percentage of Combined Income |
---|---|
1 child | 17% |
2 children | 25% |
3 children | 29% |
4 children | 31% |
5 or more children | 35% |
However, the court may choose to adjust the basic amount based on certain factors. These factors may include:
The parent who has the custody of the child can file a petition in a family court requesting the court to issue a child support order to the noncustodial parent. The child is also allowed to file a petition if he or he is emancipated and not living with both parents. The Department of Social services may also file a petition on behalf of a child living under the custody.
In order to file for child support, you will be required to fill and submit an application form. You must include the following information:
The petition must also have a clause claiming that one or both parents are not meeting their legal obligations to support the child. The one filing the case is known as the petitioner while the one requested to respond to the claims is known as the respondent. The form must be submitted to the Family Court Clerk’s office or a local child support center.
Once you submit the form, you will be required to fill a financial disclosure affidavit. This document will ask you for information about your monthly expenses and overall net worth. It will also ask about the debts you owe and whether you have health insurance and other financial obligations. It is important you take your time and fill the form as accurately as you can. Every information you enter will count, however insignificant it may seem to be. Once the clerk checks and receives your petition, you will get a notice of hearing.
It is possible to seek child support on your own. However, the chances of you navigating the complex legal process and comprehending the jargon in family law successfully are very slim. You need to work with an experienced child support lawyer in Bronx to help you out. A lawyer will gather all the facts and convince the judges to rule the case in your favor. It is important you get an attorney who has a lot of experience dealing with child support cases.
divorce cases come with a great many complexities since so many issues may need to be addressed in a contested case. Even when the two parties amicably dissolve their marriage, attorneys for both spouses might still be required to negotiate and address financial matters and settlements. Parents who are divorcing in the Bronx or other areas within the state of New York often requires the litigation and negotiation skills of an experienced attorney to handle child support matters.
Most people maintain a general understanding of child support in the sense support refers to paying for the primary essentials related to care for a child. Food, clothing, and schooling would clearly fall under the category of essentials. Limiting child support to these commonly thought of essentials, however, would not be accurate. Child support frequently covers various other expenses related to the care of a child. Entertainment and health care costs are also taken into consideration when devising laws covering child support.
The laws of New York cover all the rules and requirements regarding child support payments. In this state, the non-custodial parent may be required to pay support until the child reaches the age of 21 unless the child is emancipated in some way.
In family court, the judge may decree a child support order. As the name suggests, the order reflects a mandated requirement to pay child support. The order is anything but ambiguous. The amount of money required to pay as well as when and how often would be spelled out in the order.
Those in need of child support and lack an order must file a petition with the court. Doing so without the assistance of an attorney may prove regrettable. Working with an attorney who consistently handles child support petitions reduces the chances of delays and unfavorable decisions.
Child support amounts are not arrived at in an arbitrary manner. Calculations are made based on a set percentage of combined income and the number of children. For one child, the percentage is 17. For two children, the percentage increases to 25. A child support calculation could work out in the following manner:
Example calculation:
The earning figures derive from gross income on a federal tax return. If there are questions deductions or inaccuracies on the tax return, a serious issue arises. The custodial parent’s lawyer steps in to address such things in court.
A child support order is a form of civil judgment. The judgment can be enforced in ways that a judgment from a lawsuit would be. A person who fails to pay child support may discover a lien has taken effect and money becomes automatically deducted from a paycheck. Failure to pay required child support may lead to a contempt of courtcharge. Such charges can be rather serious as fines and jail time may be levied against the parent who has not made child support payments.
Compliance with child support orders and petitions is a serious matter that affects all parties. So, both parents should retain the best counsel to assist them in the entire process.
You never thought your marriage would end in divorce. That was something that happened to other people, but not to you. Unfortunately, it has happened. The prospect of making your way in the world without the person you once loved is unsettling. The fact that you must do so with children is even more daunting.
Your emotions concerning your divorce will be strong, but they need not be controlling. Despite the stress and strain that comes with breaking permanently with the person who was your life partner, there are crucial decisions to make. The most important of those are about your children.
You must take action that will ensure that your children do not suffer emotionally or materially as a result of the divorce. The only way to guarantee the latter is with child support. If you have been granted sole custody of your children or have agreed to share custody with your ex, the enforcement of the child support order is essential to making sure your kids remain in a stable and secure environment.
It is important for you to understand that the original child support order is not permanently fixed. The principle of payments is based on the circumstances of both parent and child. Changed circumstances are an adequate basis for changing the amount of money that the non-custodial parent should be made to pay.
The basic child support obligation is calculated as follows (the percentages refer to the amount of the non-custodial parent’s total income):
As your children grow older, the amount of money needed to sustain them will increase. Health complications, the need to maintain a standard of living that they have gotten used to, educational opportunities that they were on track to take advantage of—any number of these can serve as a compelling reason to change the child support order.
A significant change in the finances of your former spouse may also compel you to change the child support order. You would hope that the mother or father of your child wants what is best for them. You would think that no matter what other differences the two of you have the well-being and prosperity of your children is something you can both agree on.
Unfortunately, this is not always the case. Some non-custodial parents refuse to report an increase in their total income, even when the costs of raising their children continue to climb. Not only will they avoid further scrutiny regarding the child support order, they will not increase the amount of money they spend on their children on their own initiative.
If you know or strongly suspect that your ex is holding out your children, then you must take decisive action against them. It is not about you; it is about your children. And you must do all that you can to look after their welfare.
In general, the court will look at the following factors when deciding whether to alter the child support order:
Your ex may try to make the argument that your changed financial circumstances, if they have been for the better, absolves them of all responsibility for increasing the amount of money they pay. No such point or principle of law exists, and you should not be deterred from your effort to get your ex to do right by your children.
Contacting a lawyer should be your first step. A lawyer who specializes in child support law can provide you with the expertise you need to put your case before a judge and get the child support order changed. A child support lawyer is equipped to deploy a range of tools and tactics for this purpose.
They will be able to gather evidence, including valid records and testimony, to prove that your ex is not paying the amount of child support they should. They will also be able to make the case that the mounting costs of raising your children require more financial support from their other parent.
Lawyers who specialize in child support cases have seen the many ploys and techniques that non-custodial parents use to avoid paying child support. They have the insight and experience to get you and your children justice.
Supporting your children until they turn 21 years old is a legal responsibility. That obligation could manifest itself in a court order. If you’re being sued for child support, you may need assistance on how to respond if you don’t believe you’re the parent or you’re concerned about your financial ability to pay support.
If you’re facing a lawsuit for paternity or for child support, you might contest the fact that you’re the father. If so, our bronx child support lawyers can advise you on getting a blood test to exclude you as the father. This may be especially important if the mother gave birth during your marriage. The law presumes that you’re the father of a child born during your marriage.
Where you don’t question paternity, you might consider filing an acknowledgement of that fact with the court. While this document may subject you to a child support obligation, it also affords you rights as a parent. Specifically, you can seek visitation rights and even custody of the child. Further, acknowledgment can save you the time and money that you otherwise would spend in a paternity lawsuit. Note that once you sign the acknowledgment, it carries the same weight as a court order declaring you the father and undoing the admission is very difficult.
Assuming you’re a non-custodial parent, the issue turns to how much the court will order you to pay per month.
So long as your income, as defined by Section 240 of the Domestic Relations Law, does not exceed $143,000, your monthly obligation consists of a percentage of income. The portion depends on the number of children for whom you must pay support to the custodian parent. For one child, it is 17 percent of you and the custodial parent’s combined monthly income. Your obligation is one-fourth of combined income if you have two children, 29 percent for three children and 31 percent for four. Should you and the other parent have five or more, the amount comes to at least 35 percent of the combined monthly income.
For combined incomes above $143,000, the court may, but doesn’t have to, deviate from the percentage guidelines.
If your income falls below the Federal Poverty Level, your child support will be set at $25 per month and responsibility for what your behind will not exceed $500. Where a non-custodial parent makes less than the New York Self-Support Reserve, monthly child support is capped at $50 per month.
In the child support calculation, the court won’t stop at your employment income. Other sources include:
Even alimony paid to you by the other parent counts.
Further, the court could “impute” income to you on a finding that you have suppressed your income in bad faith. That is, you have become unemployed or reduced your income to avoid paying child support. Attribution of income can also apply to, for instance, supposed business or employment expense reimbursements that you appropriate to your personal use.
Should you lose a job or take a significant pay cut, our bronx child support lawyers can help you lower the child support payment. To get a reduction, you must show the court that your circumstances have substantially changed since the court originally entered the order or last changed it.
If you experience a significant increase in your income, the custodial parent may ask a court to raise your monthly support payment. Turning down pay raises or higher paying jobs may not prove to be an effective strategy, as a court might treat that higher potential as your actual income in modifying the order upward.
A court can also modify child support as each of your children reaches age 21. Remember that the percentage of the parents’ combined income turns on the number of children you must support. Further, if you become the custodial parent, then you may become the recipient parent and the other becomes responsible for child support.
Jail constitutes only one of the potential enforcement methods the custodial parent or a child support enforcement agency can employ. Lottery winnings, tax refunds and bank accounts can also become sources for catching up and staying current on child support. Those who fall behind may lose their drivers’ licenses and have the delinquencies appear on credit reports.
If a parent or enforcement agency wants to hold you in contempt, you may defend on the grounds you are not able to pay child support. Layoffs, disabilities and other reasons for not having income, through no fault of your own, may negate a finding that you willfully avoided child support. They might also afford you a basis to ask for a reduction of your obligation.
While you’re under a child support order, don’t stop paying simply because the custodial parent obstructs or denies visitation. One of our lawyers can help you try to get visitation or custody or handle other child support issues you may encounter.
Whether you’re seeking to establish a new child support order or looking to have your child support order modified, you want to make sure that the child support amount is accurate according to New York law. Generally, parents pay a percentage of their income in child support. However, there are deductions and special circumstances to be aware of.
While you might like to assume that the courts always get it right, the truth is that sometimes the courts need to see the evidence. Sometimes, they may not be aware of special circumstances such as special needs or special educational needs of the child. They might not be aware that one party is trying to hide income or their true earning potential from the court. In some cases, the court may simply make a computational error. Whatever the circumstances in your case, your Bronx child support lawyers can help you show the court the truth.
An experienced team of Bronx child support lawyers knows what goes into the child support formula. That allows them to go over every part of the calculation in your case in order to make sure that the state’s case manager didn’t overlook anything or make mistakes. For example, the state should take most types of income into account. There are some exceptions for means-tested public aid, but generally, bonus pay, disability pay, annuities, veteran’s benefits and other similar types of payments all count as income.
Child support is a percentage of your gross income minus allowable deductions. Your Bronx child support lawyers should review your case to make sure that the court properly applied deductions to each side. They should make deductions for mandatory FICA taxes. They should also take a deduction for child support paid as part of another case. In addition, if you pay court-ordered spousal support, that’s deductible too.
In cases where parents have a combined gross income of $143,000 or more, some special exceptions may apply. The court may strictly apply the formula. However, in high-income cases, they don’t have to. Instead, they’re able to take evidence from both sides about the children’s needs. They can order an amount that they think is fair.
The reasoning is that at some point, a child’s needs are met. A child doesn’t have a right to continue to dip into their parent’s pocket for an unlimited amount of money. As the courts like to say, no child needs more than three ponies. While the courts believe that children should benefit from a parent’s success, they also believe that a child deserves no more than their reasonable needs based on the standard of living of the parents. If you have a high income case, it is very important to work with your lawyers to carefully present evidence to the court so that they can make a proper determination.
One common area of contention in New York child support cases is what happens when the parties have joint custody. Joint custody is more popular than ever before. Anymore, it’s uncommon to have a custody situation where one parent spends no time with the child. Parents might wonder what happens to child support in the event that one of the parents has significant time with the child.
New York law doesn’t clearly answer the question. The court has the option to take the time split into account. However, there’s no automatic rule for giving the paying parent relief when they spend significant time with the children. Instead, it’s up to the paying parent to show that they cover a significant amount of the child’s expenses because of the time that the child spends with them. This is a fact-specific question, so the parent must work with their lawyer to present the evidence to the court. This is done by showing the court how the parent who receives support pays less in food, utilities, extracurricular expenses, entertainment expenses and the like because of the other parent’s time with the children.
As life goes on, things can change. You might lose your job. The other parent might get a raise. There are times that you may want to go back to the court to ask for an adjustment of child support. When that happens, you must be able to show the court that the circumstances have changed.
You can work with your attorney to ask the court for a change in support. In some cases, you might work with your attorney to gather evidence of the other parent’s financial situation. If they’re working for cash under the table or they choose not to earn everything that they can, you can gather evidence and point this out to the court.
At each stage in your case, your attorney can help you make sure you take the proper steps to advocate for your best interests. Courts look at the evidence when they make their decisions. It’s often not enough to just tell the court that you suspect the other side has something to hide.
Instead, your attorney can work with you to gather the evidence that the court needs to see. That way, you can help the court come to the correct result. Your attorney can review your case carefully. They can help you understand New York’s child support laws and advocate for the best result for you and for your children.
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