Each spouse approaches divorce and how much child support should be paid differently. In many cases, that is one of the main reasons for divorce. However, each spouse must work together—sometimes for the first time—to put the needs of the children before their own when it comes to parenting during and after a divorce. This applies equally to custodial and non-custodial parents.
At Tully Rinckey, our Brooklyn child support lawyers have the experience necessary to protect you and your children’s emotional and financial welfare following the dissolution of your marriage.
Experienced and Knowledgeable Child Support Attorney in Brooklyn
When a family separates, it changes the dynamics of the family by affecting the finances and the care of the children. Tully Rinckey’s Brooklyn family and matrimonial attorneys realize that the pain and change in lifestyle caused by a divorce or separation can be significant for any child involved, regardless of whether the divorce is amicable or not. When a couple has children and their relationship ends, child support options must be carefully considered, with the best interests of the children as the primary concern. It is also critical to understand the fundamental rules of child support in New York in order to ensure that the case proceeds smoothly and that everyone’s rights are completely safeguarded.
Our New York State team of child custody lawyers possesses a vast amount of combined experience practicing law to secure our clients’ wishes. We routinely assist individuals throughout the New York City metropolitan area, including the lower Hudson Valley, the five boroughs—Bronx, Brooklyn, Manhattan, Queens, Staten Island—, and Long Island.
You don’t have to deal with your child support issue alone. Our legal team is ready to assist you today.
Understanding Child Support Laws in New York State
In most cases, child support in New York State is determined using the Income Shares Formula; however, if a parent is being evasive about their income and purposefully refusing to disclose sufficient information to the court, the court can choose to calculate the child support obligation using the Needs-Based Formula. The Needs-Based Formula determines support solely on the basis of the costs the custodial parent claims to expend for the support of the child(ren). Lower and middle-class non-custodial parents may pay significantly more in child support if this method of calculation is used than if the Income Shares Formula is used to determine their obligation. To ensure that you pay or receive your fair portion of child support, you should seek the assistance of a professional and competent attorney.
Either parent may be required to pay child support for the care, maintenance, and education of children under the age of 21; however, the parent who pays child support is the non-custodial parent. The amount of child support due from a non-custodial parent will vary based on the number of kids they have and the parents’ combined income. When using the Income Shares Formula to calculate child support in New York, the following rules must be followed:
One child – 17 percent of the combined parental income
Two children – 25 percent of the combined parental income
Three children – 29 percent of the combined parental income
Four children – 31 percent of the combined parental income
Five or more children – No less than 35 percent of the combined parental income
The Income Shares Method computes the basic child support obligation by combining both parents’ earnings and calculating the applicable percentage of total combined parental earnings. This sum is the entire amount of support that both parents must provide for their child (ren). The amount is subsequently divided between the parents according to their respective yearly wages. You will be required to pay child support in the amount allotted to you after the sum has been prorated. Child support also includes additional payments, referred to as “add-on expenses,” for the child’s or children’s unreimbursed medical costs and extracurricular or educational activities.
Can I Seek Child Support If We Were Never Married?
Children of unmarried parents have a right to receive financial support as well as access to either parent’s health insurance or other benefits. The amount of child support is decided based on the child’s best interests and the financial status of the parents, much like with children born in marriages. But until paternity is established, which can be done by either of the parents filing a paternity action and asking for a court-ordered DNA test, or by both parents voluntarily signing an Acknowledgement of Paternity form (typically at the hospital after the child is born), the family courts cannot issue orders for child support or child custody.
What Happens if My Child’s Parent Refuses to Pay Child Support?
If a parent does not comply with a support order, the parent receiving the child support benefits may submit a “violation petition” urging the court to take appropriate action. The payee must be served (delivered) with the petition. After that, a hearing is held to determine if the respondent has disobeyed the court’s order.
Parents who are delinquent in payments run the risk of having their bank accounts frozen, their passports withdrawn, their professional and commercial licenses canceled, and their tax refunds intercepted. The payee may also receive a jail sentence of up to six months for contempt of court if it is determined that they intentionally and voluntarily ignored a child support order.
Tully Rinckey PLLC’s skilled and knowledgeable Brooklyn child support lawyers treat each case with the highest attention and effort. Our team is here for you to protect your rights and achieve your goals. Contact us today.
We assist individuals in their child support matters throughout the New York City metropolitan area, including the lower Hudson Valley, the five boroughs—Bronx, Brooklyn, Manhattan, Queens, Staten Island—, and Long Island.
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