NYC CHILD SPOUSAL SUPPORT LAWYERS
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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:
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.
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!