Brooklyn Child Support Lawyers
Obviously, you probably know that as a parent, it is your responsibility to contribute financially to the care of your children. However, matters of child support in New York State can still be complicated. If you are the custodial parent, you could be hoping to get some help with your child’s care from the non-custodial parent. If you are a non-custodial parent, you might not have a problem paying to help take care of your children, but you probably do not want to get put into a position in which you’re ordered to pay more than you can reasonably afford, either. Luckily, a Brooklyn child support lawyer from our experienced family law firm can assist you with your case, regardless of which side you fall on.
When you think about child support, you might think about the monthly payments that you are expected to pay in order to help provide care for your children. Even though this is often a big part of the child support obligation for many non-custodial parents, this is not the only form of child support that is out there. Child support might be ordered by a judge in other ways as well. For example, you might be required to provide health insurance coverage for your child. You may also be required to pay out-of-pocket for other expenses on top of your child support payments. For example, you might be required to pay for child care expenses when your child goes to daycare, or you could be expected to contribute to some of the costs of his or her medical care.
Understanding all of these things can be tough. However, a good lawyer can sit down and talk to you about New York State laws regarding child support. Then, he or she can help determine whether your child support order is reasonable and can help ensure that you aren’t ordered to pay more than you can afford while also ensuring that you are complying with the law and helping to provide support for your kids.
Laws About Child Support in New York State
Child support laws can be a bit complicated in New York State, and they do vary from case to case. For example, the judge will look at things like your income to determine how much you are expected to pay in child support. There are percentages that are used when this number is determined; for example, if you have one child, you will be expected to pay 17 percent of your income in child support. The percentage goes up based on how many kids you have and is a minimum of 35 percent if you have five children or more. Your lawyer can talk to you a little more about this and can help you determine how much you are going to be obligated to pay.
How an Experienced Attorney Can Help You
At our family law firm, we are here to help people just like you. We understand what it’s like to be going through a tough situation with child custody and child support, and we want to do what we can to make things easier for you. Our experienced attorneys work with parents in regards to matters of child support, child custody and more on a daily basis. If you work with one of our lawyers, you will not have to deal with the system on your own. Then, you can ensure that your rights are respected and that the amount of child support that you are ordered to pay is fair and reasonable.
It is not always the case for people who have come together to create a family to agree. Sometimes people disagree even when children are involved. This becomes difficult because it is emotional to involve children in separation. People should separate in an honorable manner in order to avoid affecting the children negatively. Children are not supposed to feel the pressure of the case if they are involved in a separation case of their parents. This will enable them to have a smooth relationship with their parents. Children should not feel that their relationship with their parents is at stake despite the separation between the parents.
Children have a right to access the support from their parents if they separate. This is according to the law. It is their legal right because they are the responsibility of their parents. Parents access legal aid to avoid inconveniences when they separate. There are various issues that different parents are exposed to when developing solutions for child support. brooklyn Child Support Lawyers is among the services for legal cases of child support. The child support services offered by the law firm enables the people to access law in an affordable manner. brooklyn Child Support Lawyers are in charge of delivering the complete legal process of child support once the case is in their hands.
A client is issued with three lawyers who execute the different roles in filing for child support from the parents. One lawyer answers the child support petition. Another lawyer is in charge of establishing the relationship between the children and their parents. The third one evaluates the income of the partners involved to establish the child support finances. This makes the process easy for the people involved. They are in a position to achieve the justice that they seek. There are various cases that have been handled by the brooklyn Child Support Lawyers. The lawyers at brooklyn have been recognized for winning complex cases by different media outlets. This shows the level of expertise and skill that is executed by the lawyers at brooklyn Child Support. Below are two case studies that show how the lawyers assess their cases.
• There is a recent case where a husband was filing a case for increased child support after he realized that the woman had increased salary. This case was rough since it was hard to prove the salary increment. The wife is self-employed. brooklyn Child Support lawyers handled the case. They were able to establish how the woman’s salary had increased. The case ruling was given a verdict in favor of the woman. This is because the woman was honest with her financial documents and she proved that it was a high season in her business. This enabled the judge to rule in her favor because the business was not established. It was a moment for her in her business because her commodities were in demand.
The brooklyn Child Support Lawyers handled the case very well. The lawyers established the woman’s financial details. They came up with the details of her financial statement that established that it was the peak of the business. The business was in a point of a breakthrough when the husband had a speculation of her increased salary. The judge said that the woman could not increase her child support unless her income increases in a steady manner.
• The second case involved a woman who sued her husband after she realized that he was in the process of remarrying. This was a hunch that she had his income increased. He could not manage to wed again because of the financial statement that was used for the child support. This was an emotionally charged case because the couple had separated due to infidelity of the husband. The judge ruled in favor of the woman after it was established that the husband had a secret property that was used for generation of income. This made it easy for the woman. She never had to face her divorced husband once Brooklyn Child Support lawyers took over the case.
The brooklyn Child Support Lawyers established the financial details of the husband. This was a foundation of the case. The case was thoroughly researched because the kind of wedding ceremony that the man had paid for the new wife was expensive. The lawyers at the brooklyn Child Support investigated the matter from its roots and developed the truth of the matter. It was an emotional case, but the brooklyn Child Support Lawyers made it dignified after they carefully assessed the man.
Child Support is not a smooth path to follow. It is difficult for both parties because it is emotionally charged. Couples end up destroying the relationships between them and their children against their wishes. The brooklyn Child Support Lawyers makes this process bearable and easy.
For parents who live in Brooklyn or elsewhere in the state of New York, matters related to child support can come up at some point. If you and the other parent of your child are not living together, then one of you may be required to pay child support to the parent who has custody of the child for the majority of the time. Some people try to handle matters related to child support on their own, but it truly is better for most parents to work with a team of Brooklyn child support attorneys. These are some of the situations in which you might need to work with one of these lawyers.
Arranging Child Support
First of all, when you originally split up when your child, or if you were never together, when your child is first born, custody and child support will have to be set up with the courts. If you are concerned about things like custody and visitation, it is a good idea to work with an attorney during this process for more then just financial reasons; instead, your lawyer can help with things like making sure that your rights as a parent are respected and that the interests of the child are considered.
Once custody has been established, child support will need to be handled next. If you are the parent who will have custody of your child the majority of the time, then you can ask for the court to order child support from the non-custodial parent. The court will use a certain formula to calculate how much the non-custodial parent will be required to pay. Your attorney can work with you and guide you through the process of requesting child support for your child.
If you are the non-custodial parent, working with a lawyer can help you ensure that the child support that you will have to pay is appropriate based off of how much money you make. This can help you ensure that you are paying an adequate amount of child support to help take care of your child but that you aren’t paying out an amount that will make it hard for you to support yourself.
What Should You Do if You Haven’t Been Receiving Child Support?
If you are a custodial parent who has not been receiving child support, it is important to address the issue. If the non-custodial parent has an order for child support but has not been paying, then he or she could be help in contempt of court. This is a matter for the courts to handle, but your lawyer can guide you in the right direction to help you ensure that the situation is handled properly.
If you are a custodial parent and if child support has not been ordered, then you will need to take the matter in front of a judge. Even though you can request this on your own, you will have help with handling the situation if you work with an attorney who is experienced in handling Brooklyn court cases in regards to child support and family law.
What Should You Do if You Can’t Afford to Pay Your Child Support?
Even though you might have been making your child support payments in the past, and even though you probably do not have any problem with making payments to go toward supporting your child, you could have hit a rough patch, and you might be having a hard time paying your child support now. This can be a tricky situation to be in, and if you don’t handle it carefully, you could be at risk of being arrested, having your license suspended and more. First of all, you should pay what you can, even if you are not able to pay the entire amount of child support that is owed. Additionally, you should consider consulting an attorney for legal advice as soon as possible; for example, he or she might be able to help with things like requesting a child support modification.
As you can see, matters that are related to child support in brooklyn and elsewhere throughout the state of New York can be quite complicated. If you are in the midst of dealing with a child support-related situation, you may need a little bit of help. Fortunately, working with a team of professional Brooklyn child support attorneys can help you get the help that you need with your situation, whether you are the custodial or non-custodial parent.
Child support is often established at the time of divorce, though it may be amended or adjusted as circumstances change. Essentially, it ensures that the non-custodial parent is contributing to the child’s care through regular monetary payments. While child support laws vary from state to state, the laws that govern New York state’s courts are fairly straightforward. A basic understanding of these laws and how support is determined can help you understand more about pursuing child support in Brooklyn courts.
How is Child Support Initiated?
Typically, issues of child custody and support are addressed at the time of a divorce or through mediation. After the couple separates, the welfare of minor children will have to be addressed, so custody and support will have to be determined. Once custody of the children has been established, the custodial parent has the ability to file a petition with the court to request child support payments from the other parent.
In some cases, the issue of child support may not have been addressed at the time of the divorce. This means the custodial parent will have to initiate a new case and the court will have to determine if it can still enforce a judgment for support. Once the case moves forward, the parties will appear in hearings just as they did, during their divorce.
It’s not uncommon for the noncustodial parent to pursue a child support order. There’s a practical reason for this in that a child support order provides proof that the noncustodial parent is meeting his or her financial obligations to the child. In pursuing custody or visitation privileges, judges often ask the noncustodial parent to provide proof that he or she has been helping in the financial support of the child. Court-ordered support payments establish that proof.
How is Child Support Determined?
While Brooklyn family courts will follow the guidelines established by the state of New York, those guidelines must adhere to the federal government’s Child Support Enforcement Act. The court system uses a precise mathematical equation in determining how much the noncustodial parent must pay in support. This amount largely depends on the needs of the child, which includes food, shelter, clothing, education, and healthcare. Additionally, any special needs of the child, the cost of recreational activities, and the number of minor children in the family may also influence the amount needed for raising the children. That amount is compared against the income of each parent to determine how much each parent should invest in the child’s care.
Enforcing and Changing an Order for Child Support
If a noncustodial parent isn’t making court-ordered child support payments, the other party has the right to take action. This would require filing another petition with the court, so a new hearing can be scheduled. If the noncustodial parent is found to have violated the order, a judge may order the individual’s wages to be garnished. In more extreme circumstances, the court may freeze the individual’s bank accounts, seize personal property, or subject their real estate holdings to liens.
The goal is to convince the parent to act in the child’s interests, but noncustodial parents don’t always take their responsibility seriously. When this happens, the court may also withhold income tax returns to make up what’s owed in support. When money can’t be obtained through alternative means, the individual is considered delinquent and may face the suspension of various privileges, such as driver’s licenses, passports, and other licenses. In New York, failure to comply with a child support order can ultimately result in jail time.
Over time, the amount of child support may need to be changed or modified. As the cost of living rises in the community, the cost of caring for a child also rises. Additionally, the child will likely require more in the way of educational costs, nutrition, and clothing as he or she ages. When the custodial parent feels there’s a need to modify the child support order, he or she must file a new petition with the court. During the hearing, the custodial parent must be able to show evidence that justifies the request for additional support.
Alternatively, a noncustodial parent may also ask for a modification. This is usually done when the individual loses a job or receives a pay cut. In these cases, the court may allow a decrease in support to compensate for the loss of income. Again, the parent will have to show evidence to prove his or her case in making the request for modification.
As these facts indicate, establishing child support through the courts is a complex matter. To obtain the possible result, it’s important to hire an experienced attorney. A knowledgeable family law attorney will help you protect your rights, while ensuring your children receive the possible care.
If a couple with children gets divorced or otherwise ends their relationship, it may have a significant impact on their lives. The same may be true for their children as well if they still depend on their parents to meet their basic needs. In New York, the law says that both parents must provide for their children after a marriage or relationship comes to an end. Depending on the circumstances of a case, one parent may be required to pay child support.
Who Pays Child Support?
The parent who has primary physical custody is generally the one that receives child support from the other parent. This is because the child lives with the parent who has physical custody of the child. In some cases, support amounts may be offset by contributions made by the noncustodial parent. For instance, if the noncustodial parent pays for food or other expenses out-of-pocket, he or she won’t be required to pay as much in formal support each month.
How Are Support Obligations Determined?
Child support obligations are determined by a variety of factors. One of the primary factors is how much a parent makes in a given year compared to how much the custodial parent makes. The amount of support a parent pays each month may also depend on how many other children that he or she is currently supporting. Finally, a court may take into consideration whether a child has special needs such as ongoing health care costs that need to be paid for.
What Happens If Support Payments Aren’t Made?
Child support payments are considered priority payments under the law. This means that they must be made regardless of a parent’s financial situation, and they cannot be eliminated through bankruptcy. While an existing order may be modified, back payments must still be made according to any previous order put in place.
If a child support payment is not made, a parent may have his or her wages garnished until he or she is caught up. Parents who are behind on child support payments may also face jail time depending on how much they owe. However, this may not be the solution as a person generally cannot generate an income while in custody.
What If Parents Don’t Pursue Late or Missed Payments?
Parents may have the ability to overlook the fact that a support payment hasn’t been made or hasn’t been made in full. In some cases, a parent may be sympathetic to someone who has just lost a job or is still trying in good faith to provide for the child. However, if a parent is receiving public services, the state government may step in and demand that payments are made. This is because child support payments are designed to keep parents from using public services if at all possible.
What If a Child’s Parents Never Got Married?
A parent may be liable for child support even if that person never married the child’s other parent. Once a person is named the legal parent of a child, he or she is required to provide for the child. As a practical matter, the person who gives birth to the child is the legal mother unless parental rights have been terminated prior to it taking place.
The child’s father may be determined through a voluntary acknowledgment or through a DNA test. Until it is determined a man is the father of a child, he is not obligated to provide financial or other support for that child. A man may still be declared the legal father of a child even if the mother is married to another person when the baby is born.
When Do Child Support Orders Terminate?
Child support orders may terminate for a variety of different reasons. First, the child may have turned 18 or otherwise reached the age of majority. If a child is legally emancipated, gets married or joins the military, support obligations may also come to an end. Support orders may also be terminated at any time by a judge if there is reason to do so.
Child support is designed to make sure that children have what they need to evolve into productive adults. Those who have not received support payments or are struggling to pay them may want to consult with an attorney. This may make it possible to come to a solution that works for both the parents and the child at the same time.
If you have made the decision to separate from the parent of your child, then you have a right to file for child support. A Brooklyn child support attorney can offer assistance in filing the proper documents to submit to the court and can assist in any modifications that need to be filed as well if there is a change in income. Keep in mind that both parents need to be able to provide the financial support that the child needs with child support being used as a way to provide support from the other parent. The support payments can be used for various things that your child might need including clothing, food, shelter, and educational tools. It can also be used for school activities and other essentials that are needed to provide for the well-being of your child.
When you meet with an attorney to begin child support proceedings, you should have your income information as well as information about where the absent parent is employed if possible. The court can usually find this information if you do not have it at the time or if you are unsure of a place of employment. You should also have an address that the court can begin with in locating the absent parent so that the proper documents can be served. The absent parent does have a right to defend the child support motion. A judge could determine that the child support amount requested should not be approved and that a lower amount should be ordered. A judge could also order a higher amount depending on the income information of yourself and the absent parent. The judge will look at all of the information pertaining to both parents and the child when making a final decision about the amount ordered. The age of the child and any special needs that the child has are considered as well. Both parents are to financially support the child until the age of 21 in Brooklyn and other locations in New York. Health insurance coverage is to be provided as well and is often included with child support orders if the absent parent has a health insurance policy.
If you have physical custody of your child, then you are considered the custodial parent while the other party is considered the non-custodial or absent parent. This doesn’t mean that the other parent doesn’t have any involvement with your child. This is only the term that is used regarding the court system so that the information can be recorded in the documents in the proper way. If you were not married to the other parent, then a paternity test is usually required in order to establish the correct paternity so that the correct non-custodial parent is paying child support. This is done because there are some parents who seek child support from someone who they thought was the father and who is actually not the father of the child.
Even if you are able to provide all of the financial support for your child, you can still receive child support from the non-custodial parent. If you live in the same home with the other parent and the other parent does not want to help with the financial support of your child, then you can file for child support as well. You will likely need to have a paternity establishment in place in this situation to determine if the other person is the parent of the child. In the event that your child is in foster care, then both parents have a financial responsibility until your child is adopted and you no longer have rights to your child or you gain custody of your child back.
Child support can be established while you’re going through divorce proceedings or at any time you are separated from the non-custodial parent. You can speak with an attorney to file a petition that will then be taken to Family Court so that the process can begin to obtain the child support that is needed for your child. If you don’t want to go through the court, then you can create a written agreement with the non-custodial parent that is then filed. Any support order that is in place can be modified if any changes need to be made based on income levels or if your the support needed should be more than what has been ordered.