NY Child Support Lawyer

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When dealing with family law, the goal is always supporting the children whether it’s custody disputes or child support agreements. The law says that the parent who doesn’t have custody must contribute to raising the child through financial support. The parent is obligated until the child turns 18 years old or finishes college.

Child Support Guidelines in New York

For years, the way that child support was applied would vary widely until the Family Support Act of 1988. The federal government passed the act to establish a more streamlined and uniform process to the custody proceedings. There are three methods used to calculate the amount of child support owed each month.

Percentage of Income
For this type of method, the non-custodial parent’s income is added up in total and a fixed amount is given to the other parent for child support. Many states will use this method for all its cases.

Income Shares
In some cases, the court will take into account the income from both parents to determine how much of their income should go towards care for the children. That amount is divided equally between the parents and the non-custodial parent will pay half of the determined amount.

Melson Formula
This method leans on the income shares method with both parents paying equally, but it’ll factor in cost of living increases over the years.

Determinations and Considerations
While the methods for figuring out the child support payments will touch on one of the previous 3 methods, other factors can come into consideration. For example, the custodial parent might make more money than the non-custodial parent.

  • Child support from another non-custodial parent
  • Expenses for health insurance
  • Day care costs and shared expenses
  • Time spent and joint custody arrangements

Activities and the Children
Children are often involved in extra activities like sports, dance lessons or tutoring, which requires payments beyond the standard child support amounts. A NY attorney may be asked to petition the court for more child support based on changing needs. Activities can be quite expensive and will stretch the standard amount given for basic child support needs.

Tricky Assets
Unfortunately, not all parents want to contribute to the care and support of the child. They hide assets and move money to cloak how much they have. This is usually a tool to punish the other party after a bitter divorce. While attorneys work for their clients, they are almost always looking out for the children in the relationship who deserve care and financial support from both parents.

Struggle with Payments
After receiving a court-ordered child support agreement, there might come a time when the non-custodial parent stops paying support or struggles to pay all of it each month. The non-custodial parent can head back to court to see if the order can be changed while they’re laid off from work or going through a financial crisis.

Some parents stop paying because they get tired of giving over a part of their monthly paycheck. The custodial parent can head back to court. The judge might order the other parent’s pay checks to be garnished for child support. The child support attorney can help.

The NY child support lawyer can help you from start to finish with your case against the other parent. After a divorce, it could be a smooth process or as contentious as the divorce was itself. You should be prepared with an experienced attorney who knows how to navigate family law.