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New York, like other States hold child custody matters with utmost seriousness. The courts do not hesitate to use strong child support enforcement mechanisms. A non-custodial parent can have their professional license revoked due to not meeting their child custody obligations. Violations of child support court orders can attract heavy penalties.
Child support and custody agreements are not always straight forward and clear. It is therefore crucial for parents to consult with a family lawyer on these matters. Again, cases are unique, and some may need the intervention of legal experts so as to get a way forward. An understanding of child support laws can help you stay on the right of the law and avoid complications in future.
Child Support Laws and Guidelines
Child support is defined as the payment made by the non-custodial parent to support the custodial parent in raising a child. Once paternity has been established, the courts determine the amount to be paid. Child support covers necessities such as food, shelter, clothing, healthcare, education, daycare and other services deemed important to the welfare of the child.
When determining child support, the courts take into account several factors such as income of both parents. Financial assets are also considered and other income streams such as workers compensation benefits, social security income, self-employment income, retirement benefits, gifts and prizes, lottery winnings, among others.
Child support is payable until the child attains the majority age (18 years). In some circumstances, this age can be extended until the child has graduated from high-school. The court also makes exemptions if the child has a physical, mental or other special disability.
Child support orders are not cast in stone, and they can be modified. Any of the parents have the right to request for a modification. An amendment to the child support agreement can be made if financial circumstances have changed, or in light of a medical emergency. Modification requests need to be made in the court that issued the original order.
As is evident, child support issues are bound by law and all parties must operate within the family law framework. When establishing or enforcing child support orders, you may wonder if you need legal assistance. While it is not mandatory to enlist the services of a family lawyer, their professional expertise can prove helpful in various ways.
The need for a child support queens family lawyer
The benefit of working with a family lawyer is that they will guide through the complex process. To establish or enforce a child support order, you need to file and have the appropriate paperwork. Child support issues are also complicated. Your ex-partner may not be willing to engage with you on child support issues. As such, the lawyer can serve him or her notice. The lawyer will also help to prepare the right documents needed when calculating child support. Today, these professionals use special software programs.
Establishing a child support order is one half of the equation, the other is actually enforcing it, and this is where disputes arise. There are many instances when the non-custodial parent may fail to hold their end of the bargain. Having to deal with such issues while juggling work and raising a child is daunting. A family lawyer can step in and obtain an enforcement order. If your ex-partner is adamant on paying, the lawyer can obtain a garnishment order. The family lawyer can also file for contempt of court orders. Child support or family lawyers may also use other remedies such as holds on passports, tax refunds, entering liens against real estate income and vehicles. Family lawyers can prove very helpful in enforcing child support orders and ensuring your child gets the payments they need for their upkeep.
While you may receive support from child support state agencies, their assistance may be limited to only child support orders. However, there are also other issues that are important to you. For instance, your partner may be in violation of child visitation rights. Issues of violence or abuse can also arise. The agencies may not treat some of these issues with the urgency they deserve. In some cases, you may also need a child support order amended.
There are also unique circumstances where you may need to enforce a child support order when the non-custodial parent is out of state. Again, what happens if one of the parents is declared bankrupt? The beauty about engaging with a family lawyer is that they have the experience and expertise to deal with all manner of family disputes. They have dealt with these issues before, and they understand the law.
When you have questions about child support, our Queens child support attorneys can help you work to establish the proper child support amount in your case. Ensuring a proper child support award can help you support yourself and your children. Whether you pay child support or receive it, when you work with our Queens child support attorneys, you can have the assurances to know that your child support order is accurate based on your income and based on New York law.
Child support in Queens is based on New York law. It’s determined based on the income of the non-custodial parent. The court takes the paying parent’s income into account, and it also considers the number of children involved in the case.
queens child support orders should be based on the New York child support formula. In theory, the child support award should be the same no matter what judge hears your case. However, you need to ensure that the judge has the information that they need to make the right determination. You need to ensure that the judge has accurate information about your income in order to arrive at the correct amount.
A child support determination is based on the number of children involved in the case. It’s a percentage of the paying parent’s income. For example, the paying parent pays 17 percent of their income if they have one child in the order. That figure increases incrementally for each additional child that the parents have in common in the case. The amounts are due monthly until each child reaches the age of majority.
Child support isn’t just an amount of whatever a parent happens to make in that month. Instead, it’s a flat amount per month determined by the court based on average income. Even if the income of the parent fluctuates a little bit from month to month, the monthly payment amount stays the same. It’s important that the court establishes a realistic amount of child support based on the actual resources of the parent. A parent whose income changes monthly or seasonally may need to provide a great deal of evidence to the court in order to help the court arrive at the right decision.
If the paying parent has high income, there’s extra work to do in a child support case. In cases where the paying parent makes $148,000 or more each year, the court has discretion about what to order for a child support award. Up to the $148,000 amount, the child support percentages are presumed to amount to the needs of the child. Beyond the $148,000 amount, the court has discretion about what child support amount to order each month.
In cases where a parent has high income, it’s important to address both the child custody order and the child support order in order to ensure that the court awards an amount that’s appropriate based on the needs of the child. The court may hear evidence from both sides in order to determine the needs of the children. It’s critical to work with your Queens child support attorneys in order to gather evidence of income, the needs of the children and the lifestyle of the children to this point in their lives. Although child support is for the needs of the children rather than for the needs of the parent who receives it, the court is not offended by an incidental benefit to the recipient parent.
You may need the help of our Queens child support attorneys to modify your child support payment amount. When circumstances change, either parent can ask the court to revisit the child support award. If the paying parent’s income changes, if there’s a change in custody or if there are special unique circumstances that may be relevant to the case, the court can hear the circumstances and decide what’s best. A modification of child support begins when one of the parties makes a motion to the court to change the child support amount. Our child support attorneys in Queens can help you draft the documents that you need in order to modify your child support award.
The child support order in your case can have a big impact on your finances and the welfare of your children. When you need help with the child support order in your case, our attorneys can help. Contact our team today in order to discuss your case.
If you are in a heated battle over child support, then you may question whether you need to hire an attorney or attempt to handle the case pro se. You may have all the grit and determination in the world, but it will never make up for the lack of legal experience in such a trivial matter. Hiring someone, who has knowledge in child support and custody cases, is essential. Has your ex hired someone to keep from paying support for his/her children? Are you owed arrearages that are a significant amount? Do you need to establish paternity? If so, you need an advocate working hard for your family.
Many times, we see cases where a child is born out of wedlock, and the alleged father doesn’t want to pay. Paternity is automatically established if a couple is married. However, if the couple is not married, then the court must determine the paternity to make an order. The court will order a DNA test. If the alleged father is a match, then he will be ordered to pay.
Understanding Dollars and Cents
During a divorce or separation, the court will issue child support orders based on the income levels. Just because someone has a court order doesn’t mean they will pay faithfully. Some parents feel they shouldn’t support a child that doesn’t live with them. Others take the stance that the custodial parent has ample income to take care of the children’s needs, and they refuse to pay a dime.
Child support is a trivial amount of money when you consider the cost of raising a kid. It’s estimated that it takes $233,610 to raise a child from birth through age 18, which is $12,978 a year, or $1,081 a month. Most custodial parents don’t get anywhere near $1,000 a month per child. The state of New York has a standard of 17 percent of the income for one child and 25 percent for more than one. It’s easy to assume that a parent is financially set, but the other party usually has no idea the costs involved in child rearing.
Contempt of Court
Once child support orders are established, any parent that is negating their financial obligations can be held in contempt of court. Additionally, after a couple of contempt charges, they can end up in jail. If you are not receiving your payments, then you must file charges through the Support Collection Unit in family court. Each county has such a unit. These matters are quite heated, and they can be a considerable burden to bear alone. Having a qualified legal representative can ensure that you are handling issues appropriately and getting what you deserve.
It’s never okay to withhold child visitation if you are upset about past due child support. The court will handle this matter on your behalf, and if you follow your visitation schedule, then you won’t be in contempt either. There are no laws that say you cannot see your children unless you are paying child support. Game playing between the two parties only hurts the child.
Modifying Current Support Obligations
If a person loses their job or switches careers, then it may affect their child support obligations. Take for instance a person that makes $1,500 a week. They are required to pay $255 out of their check for support. However, if they lose their job, or take another job that pays less money each week, then they can get a reduction.
The court is understanding regarding financial matters. If a person is trying to provide and has a good payment history, they will work with you. The problem often occurs when people try to hide income, work under the table, or switch jobs often making it hard to track. A lawyer can help either party when there are issues regarding the child that need legal expertise.
Child Support Legal Assistance
The family court in the Queens area is bustling. Numerous support cases are being fought out every day. Going to battle without an attorney is never a wise decision. If you are tired of fighting your ex regarding support, you need to reduce your child support obligation, or you have an ex that is withholding the children based on financial demands, then you need help.
If you’re going through a divorce or already raising a child on your own, you know how expensive dependent care can be. Between food, clothing, and school costs, you may feel like you’re barely treading water to meet your monthly expenses. Filing for child support is nothing you should be ashamed of; it’s an important part of providing the best life for your child. In order to make sure you get the full amount of child support you are entitled to, you should work with a child support lawyer. Here are a few things your child support lawyer can help with:
If you’ve lost touch with the child’s parent, you’ll need help finding the parent’s current address and information so that you can eventually bring the parent to court for child support. Child support lawyers are familiar with this process and can assist themselves or recommend a great investigator who will find the missing parent and get you one step closer to justice.
If you are a woman who was married to the parent at the time of the child’s birth, then your former husband is automatically the legal father. If you are a woman who was unmarried at the time of birth and your child’s father did not sign an “Acknowledgement of Paternity” or file an “order of filiation,” then legally paternity must still be established before filing for child support.
If you know where the parent resides and have legal documentation that the parent is indeed related to or responsible for the child, then you can file for child support. Filing for child support is not as simple as it seems. The court must determine how much child support the parent must pay, and there are many factors that go into this consideration. For example, the court may consider:
It depends on the circumstances. In many cases, the other parent will still be required to pay child support. But the amount will vary.
While it may be tough for you financially, the best thing to do in this situation is hire a lawyer who can help you make an agreement with the court. If you are court ordered to pay child support and you do not make your payments, you could face legal trouble. To avoid that hassle, you’ll need a child support lawyer to assist you with suspending or reducing your payments, if possible.
Finding a great child support lawyer in queens is a great start to your child support case. Whether you’re on the receiving or paying end, you’ll want to be represented by a lawyer to make sure you are treated fairly and your child is the one who gets the benefit from your payment or filing.
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.
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.
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.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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