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NYC CHILD SPOUSAL SUPPORT LAWYERS

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Superior Divorce & Family Law Attorneys

Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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NYC CHILD SPOUSAL SUPPORT LAWYERS

THE LEADING CHILD & SPOUSAL SUPPORT LAWYERS IN NEW YORK

We’re Leading Spousal and Child Support Lawyers on Long Island and New York City.

Child/spousal support, are the most important issues in any divorce or separation. Any divorce shouldn’t leave a spouse incapable of caring for him/herself, or their children. Nor, should any divorce leave a spouse required to pay excessive fees. The NYC law firm of Raiser & Kenniff, PC, has for years helped people with creative and innovative solutions to achieve desirable results. We can help get manageable child support and alimony payments. With over 40 years of combined experience, our firm has earned a reputation for unflinching and aggressive advocacy, which yields the best possible results in all cases.

Clients trust the law firm of Raiser & Kenniff, because:

-We’ve handled thousands of cases over the years
-We have 3 offices that cover the entire NYC/Long Island region.
-With former prosecutors as founding partners, being aggressive is in our DNA. We can win justice in cases where the non-custodial parent is misrepresenting his income, by using the power of a subpoena to aggressively investigate undisclosed income.
-How is child support calculated?

In New York, the Child Support Standards Act, provides guidelines to calculate payments. It’s based on a percentage of the non-custodial parent’s income.

Below are some important facts regarding this law.

-First, the income of the two parents is combined, and then FICA and state tax is subtracted, to arrive at the adjusted combined gross income.
-From this number, 17% for one child, 25% for two children, 29% for three children, etc., is taken to reach the combined annual child support number.
-This number is then divided based on the non-custodial parent’s pro rata share of the parents’ adjusted combined gross income. For example, if the custodial parent makes $40,000 per year and the non-custodial parent makes $60,000, then the non-custodial parent is responsible for 60% of child support.
-The amount is then divided over twelve months to determine the exact payment schedule.
-The guidelines cap the percentage model at a combined parental income of $130,000 — any additional child support has to be negotiated by the -parties. Child support in New York continues until the child is 21.

In New York State, the law allows for usage of these payments to go towards necessities of any child, such as:

-food
-clothing
-shelter
-other support
The non-custodial parent is not entitled to any form of accounting of expanses. Medical coverage and education expenses are additional expenses, and these amounts can be negotiated, or litigated, if need be.

Spousal Support

One of the other things to consider when having a divorce is the fact that family courts often order support payments in order to maintain a spouse at the standard of living he/she enjoyed during the marriage. Maintenance can come in many forms.

There is no formula that dictates this. The court will grant/deny it, and set arbitrary payments, based on factors and attorney arguments. Because of how arbitrary this part of the divorce process is, it’s important to have a qualified and experienced attorney, who can adequately represent you, and your interests!

When couples get divorced, it disrupts the family and deeply affects the care of minor children produced by the marriage. For this reason, the parties will usually seek the assistance of a court to help determine custody of the children involved and how financial support for the children will be provided.

How is Child Support Calculated?
In New York, the courts take a dim view of parents neglecting their financial responsibilities toward their children. For this reason, strict laws determining what is appropriate have been enacted. The laws establish percentages upon which child support is determined for every family, ensuring that family courts are fair across the board.

In determining child support, the court looks at the income of both parents or guardians and deducts the predetermined percentage. For instance, child support for one child would be equivalent to %17 of the total income for both parents. Two children would require 25% and three would cost the divorced couple 29% of their combined income. For larger families with four children, the cost of child support would be equivalent to 31% of the parents’ combined income, while five or more children will cost the couple a minimum of 35% of their total income.

While this set of equations is standard, there are allowances that permit the courts to deviate from the predetermined variables. For instance, the court will look at all of the financial resources of both parents and the children to determine if child support payments should be adjusted. Additionally, the parents may be asked to contribute more support for children with health conditions or special developmental needs. Even through the divorce and the aftermath, the child’s standard of living must be maintained, so child support payments will reflect that goal.

The non-custodial parent may also ask for some relief, if he or she is also supporting children from another relationship. This may reduce that parent’s burden, so that all of the children involved will be able to maintain an appropriate standard of living. Similarly, the court will look at other contributions of each parent. For instance, providing a tutor or paying for extracurricular activities may be considered in determining how much each parent must contribute toward the support of the child.

The Cost of Living Can Affect Child Support
The courts also recognize that the cost of living can affect how much a dollar can buy and may respond to requests for an increase of child support on this basis. The custodial parent may enlist the help of an attorney to request an increase in child support payments from the other parent through a court procedure. When this request is made, a judge will look at the current payments in relation to the most recent cost of living increases, which will also be supplied by the plaintiff.

The statistics are provided by the United States Department of Labor’s Bureau of Labor Statistics. Of concern to the family court judge is the change in the annual average of the consumer price index. Where this change represents a 10% spike or higher, the judge may determine that the request for more child support is warranted.

The cost of living increase can be contested, if either parent or the support collection unit contests to the order within 35 days of its issuance. The objection must be made in writing and, therefore, may be best drafted by an experienced family law attorney. Once the objection has been filed, the increase in child support will be postponed, pending the outcome of a hearing. The court is required to set a date for the hearing within 45 days of the objection having been filed, so the delay in making the determination for the increased child support will be minimized.

During the hearing, proof showing the cost of living changes must be provided to both sides. The court may also use this hearing as an opportunity to ensure that the child has health insurance coverage and, if that’s not the case, the non-custodial parent may see an increase that also reflects that consideration. If the court does reinforce the cost of living increase, the adjusted child support payments will be prorated from the time at which the order was initially intended to take effect.

While child support can be confusing for the layperson, experienced family court lawyers can help either parent understand his or her rights. While the welfare of the child is the court’s primary concern, there are factors that may mitigate your responsibility. Seeking out a legal advocate can help you do what’s right for your child and for yourself.

The state of New York has two main types of support payments involved in divorce agreements. With these payments, one spouse will pay their former spouse an agreed-upon amount based on the terms of their settlement.

The first type of support is child support, which involves payments that a non-custodial parent gives to the custodial parent for their child’s upkeep. This is a way of filling their financial obligation as a parent. The second type of support is spousal support. This support is used when there’s a significant pay gap between the spouses, and the lower-income spouse needs payment to maintain financial independence.

Child Support Payments in New York City

Child support laws vary slightly from state to state. Fortunately, New York has passed a Child Support Standard Act. This act, also referred to as the CSSA, helps regulate the calculation of child support payments throughout the state. The goal is to make child support cases follow uniform laws rather than being entirely based on the whims of the judges.

However, child support laws and calculations are extremely complex. They take into account a great deal of different factors. Because of this, it’s imperative that you have a family law attorney help you with the process. They’ll be able to make sure that your rights are respected, that all paperwork is filed correctly, and that all calculations are accurate. An attorney is essential no matter whether you’re the spouse providing support payments or seeking support payments.

Child support payments are determined by considering both spouse’s incomes and the child’s standard of living. Any special developmental necessities or medical conditions will also contribute to the payment amount. Child support payments can be adjusted by the judge if there is a change in circumstances. One example would be the non-custodial parent losing a job, or the custodial parent suddenly gaining significant new income.

The goal of child support payments is to make sure the child is well cared for. The judge must rule with the child’s best interests at heart.

Each parent’s income is calculated by taking the gross amount of their assets and wages, then subtracting deductions like taxes. The final number is the amount of money that goes into each spouse’s pocket. If there are any spousal or child support payments that the non-custodial spouse is already paying, these will be deducted from the total income as well.

New York law has a specific algorithm that calculates the support amount based on the number of children and the non-custodial parent’s net income. Payments must continue either until the children have reached age 21 or become legally emancipated.

Spousal Support Payments

In the past, spousal support payments were referred to as alimony. New York state law considers spousal support to be very similar to child support. Like child support, the amount of the payment is calculated through a predetermined formula. Unlike child support payments, however, the money goes to the spouse rather than the child.

A related type of support is spousal maintenance. This action might be ordered during divorce proceedings, when the divorce has not yet been finalized. Since the couple is still married, spousal support payments have not yet gone into effect. However, some kind of spousal maintenance may be necessary for the lower-income spouse to live independently during the divorce proceedings.

Spousal support payments also bear a similarity to child support in that they may be adjusted if the circumstances change. When the cost of living goes up, a judge may reconsider the amount of the support payments. A judge might also adjust the amount if one spouse’s income changes significantly.

For changes in the payment to be made, one of the spouses needs to file a petition with the court. No matter whether you’re the spouse receiving payment or the spouse giving payment, it’s important to get a family law attorney to help you present your case.

Family law attorneys are familiar with family court and spousal support systems. They’ll be able to make sure your petition paperwork is filed on time and in the appropriate venue. They’ll also review the facts of your case and gather the necessary proof to justify the adjustment.

Changing a support agreement can be difficult no matter whether you want to lower or increase the payments. The original support agreement is considered a binding contract. You need to provide information explaining why that contract is no longer valid and needs to have its terms updated. An attorney can help with this


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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