Child Support Laws in Albany, NY
Our team draws from over 100 years of combined experience practicing law to secure positive legal outcomes for our family clients. Whether you are seeking new or amended child support or are unable to pay existing support, we are ready to help. The Albany Child Support attorneys at Tully Rinckey PLLC serve families throughout the Capital Region, including Albany, Schenectady, Saratoga, Rensselaer, Columbia, Warren, Schoharie, and Greene counties. Our Child Support attorneys have represented clients in these courts for over 25 years and are highly regarded in each county’s courts.
How is Child Support Determined?
A non-custodial parent typically makes their share of child support payments to the custodial parent. To calculate an appropriate child support amount in New York, courts combine both parents’ income. The base child support amount is calculated using a percentage of combined parental income. The percentage ranges from 17% for one child to no less than 35% for five or more children. Higher-income parents could be compelled to pay a higher amount to take into account the child’s standard of living if the parents had not divorced or separated.
The formula also takes into consideration several non-economic factors, such as:
- The amount of time the child spends with each parent.
- The child’s physical or emotional health.
- Additional sources of income for each parent, such as investments.
- The number of children each parent supports in their respective households.
- Any other child support payments received or paid for children from another relationship.
- Health insurance and extraordinary uninsured medical costs or special needs.
In some cases, parents may agree on an amount that differs from the New York State guidelines. This is called a ‘deviation’ from the statutory child support obligation. When this happens, the court will determine whether the agreement is fair and reasonable, as well as if there is a proper basis for the deviation, before final approval and issuing an order.
What Do I Do If I Can’t Make a Child Support Payment?
Neglecting to pay a child support obligation carries serious consequences. A child support enforcement unit usually takes swift enforcement action once the receiving parent reports non-payment to the court or state authorities.
Penalties for failure to pay child support include wage garnishment, suspension or non-renewal of a driver’s license, intercepting tax refunds, placing a lien on bank accounts, and even arrest and incarceration.
If you cannot make child support payments, contact our Albany Child Support attorneys immediately. It’s critical to get to court as quickly as possible. A change in the child support payments order can be effective retroactively to the day you file your petition, but any arrears owed before you file cannot be erased no matter how good your reason for not paying is. We have the experience to immediately bring your changed circumstances to court to seek an order to lower your child support payments.
If your reason is military service, we have an active military service practice that can help deal with the issue. Certain military income counts differently in determining child support payments.
Can I Modify My Child Support Order?
Either parent can petition the court for a change in child support. To modify a child support order, you must show that there has been a significant change in circumstances or that there are new needs of the child. Recalculation of child support can also occur if the income of the person paying child support has increased by 15% or more.
Our Albany Child Support Lawyers Can Help You
For any child support issues you face, the respectful, knowledgeable, and experienced attorneys at Tully Rinckey PLLC handle your legal representation with sensitivity and care. Barbara King leads our New York State Family and Matrimonial Practice. Barbara has over three decades of experience handling child support matters. Barbara’s mission is to partner with her clients to help solve their problems instead of just taking on a fight for legal fees. Our Capital Region team is also equipped with Senior Counsel Michael Belsky, who approaches each case as an Attorney for the Child. Michael spends time discussing the court process with clients along with understanding their parenting role and the unique relationship clients hold with their children. Our highly qualified and experienced team is ready to protect your rights and fight to help you realize the legal outcomes you desire. Let us represent you today.
To schedule an initial local child support consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or email@example.com.