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Child support issues can arise during divorce. It’s important to make sure your child has the financial support they need for their overall well-being. Child support must be considered after child custody is determined. It can be difficult and stressful to determine fair and appropriate support for your children. There are specific laws in New York that govern child support. Even if one or both parents agree to make a deviation from the rules, documentation is required. Otherwise, it could be thrown out.
At New York Family Law Group, our experienced NYC child support attorneys can assist parents who need help understanding child support laws. Contact us today at (718) 293-1542 to schedule a consultation on how to avoid child support failure.
New York uses a formula outlined in the New York Child Support Standards Act (CSSA) to determine what percentage of their income a non-custodial parent must pay in child support.
This is based on combined incomes of up to $143,000 for both parents. If their combined incomes exceed this, the court may choose to deviate from the standards laid out in the CSSA.
New York Family Law Group’s child support attorney Martin Mohr understands the unique challenges of every family who is going through a divorce process. The lawyer along with his team of attorneys has dedicated their work to helping families deal with child support cases and other family law matters in New York.
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Typically, the non-custodial spouse will have to pay child support to the custodial spouse. However, one spouse may be required to make child support payments to the other even if they have equal, joint physical custody.
Even if your income isn’t from work, it could still be there. New York’s workers’ compensation includes pensions, fellowships, and annuity payments. This income can be used for child support purposes. A court will calculate your payments if you have received disability, unemployment, social insurance, veterans, and retirement benefits. Public assistance is, however, not income. All public assistance received from the state is taken out of the total parental income. (N. Y. Dom. Rel. SS 240 (1–b)(b–5).
The court may impute income to you if you are voluntarily unemployed or underemployed. Imputed income is a court’s use of your wage history and past employment to figure out what you can or should earn. The court will impute your income at the minimum wage if you don’t have an income history.
Our experienced family law attorneys at New York Family Law Group are skilled at dealing with child support matters. If you would like to get more info about New York City child support orders, call us today to discuss your case. To schedule an appointment, call us through our phone number (718) 293-1542 or you can also send us an email.
In New York, child support obligations extend to the age of 21 years for the child, or until they are “emancipated,” meaning they are self-supporting and no longer live with their parents. Child support obligations also end if:
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Yes. There are three instances in which an order for child support may be modified:
Many different factors can qualify as a “substantial change in circumstances,” such as one parent falling ill or becoming disabled, a child’s medical needs increasing, or even one spouse remarrying, especially if they marry someone with financial means.
Child support modification can be complicated to navigate. Having the skilled guidance of experienced lawyers may be able to help you understand the situation better. Our child support attorneys at New York Family Law Group are well-versed in cases involving family law and are ready to lend a helping hand. Call us today at (718) 293-1542.
If you have been ordered by a court to pay child support and you lose your job, it is crucial that you file a petition for a modification or suspension of your child support obligation based on the new circumstances. Sometimes, it can take months or longer to find new work. And sometimes, the new job offers a lower salary than the previous one. Child support will continue to accrue even though you’re still looking for work. Under the law, a judge may not waive or eliminate child support that has already accrued. This means you’ll have to start paying current child support and pay off any arrears. This can be a problem. This situation is like having to pay two parts of child support while trying to make up rent arrears and other payments.
The accrued child maintenance may also trigger suspensions of driver’s licenses and other licenses, which could make it more difficult or even impossible to travel to work.
To avoid getting into this difficult situation, filing a petition for a modification to child support immediately after losing your job is very important. While it may take several months before the Court hears and decides your petition, the Court may be able to give you relief from your child support order while you are unemployed. You may be exempted from child support for your time of unemployment, and the Court will adjust your obligation to fit your new earnings.
At a child support hearing, both parents will present information about their financial situation to the court. The court will ask for copies of financial documents, such as:
In addition to this, the court will ask for proof of expenses for the child, such as the cost of food, rent/housing, clothing, medical costs, clothing, child care, education, and other applicable expenses.
Once all of this information has been provided, a child support order will be determined based on both parents’ incomes, the basic needs of the child and their expenses, and how many children the parents have.
If you need help navigating the initial child support process or modifying a child support order, our New York City family law attorneys are here to help. New York Family Law Group has the skilled, experienced attorneys you need to protect yourself and your child’s best interests.
Contact us now to schedule a consultation.
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In this free guide, attorneys Martin Mohr and Ethan Steward share invaluable insights on child custody and visitation in New York. Download your free copy today.
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