White Plains, New York
After a divorce or separation, it is necessary for parents to come together to prioritize the needs of their shared children. Many times, this comes in the form of monetary support for the upkeep of the child’s basic needs. Separation or divorce are often the products of mismanaged joint finances, and each spouse’s approach to child support can be different.
At Tully Rinckey, our child support lawyers in White Plains have many years of experience in helping Westchester County families come to a support agreement that protects both the child’s emotional and financial welfare.
A divorce or separation can wreak havoc on a family, especially if children are involved. This change not only affects the dynamics of the family but also the financial wellbeing of the children. Tully Rinckey’s Westchester County child support attorneys located in White Plains understand the delicacies involved when determining which parent is responsible for child support payments and the amount of such payments.
Whether the split was amicable or not, child support options must be thoroughly examined, keeping the best interests of the child in mind. While examining your options, it is important to be familiar with the basic laws regarding child support in New York State. This way, you can ensure your case runs smoothly and protects each party’s rights. You don’t have to face a child support hearing alone. Tully Rinckey’s team of experienced family law practitioners is conveniently located in White Plains, NY, and serves both Rockland and Westchester Counties, as well as up through the Hudson Valley and down to the five boroughs and Long Island.
Typically, New York State courts use what is called the Income Shares Formula to determine child support calculations. This accounts for the income of both parents in determining the cost. However, there are times when a parent is uncooperative or evasive in providing accurate financial data. In this instance, the court will use a Needs-Based Formula to determine child support. This method accounts for the expenses the custodial parent incurs while supporting the child(ren) and awards based on this information alone.
Additionally, the courts can also elect to impute income if the non-custodial parent is being uncooperative or evasive about their income. This can be especially detrimental to lower and middle-class non-custodial parents because they could be paying much more in child support than if calculated on the Income Shares Formula. It is important to have a knowledgeable New York State custody attorney in your corner to ensure that you are paying or receiving your fair share of child support.
The non-custodial parent is responsible for paying child support in New York State for any child under the age of 21. When using the Income Shares Formula, the support amount will depend on the number of qualifying children in the custodial parent’s care as well as the combined income of both parents.
The following regulations are followed when determining child support in New York using the Income Shares Formula:
The Income Shares Method calculates the basic child support obligation by adding both parents’ income and taking the relevant percentage of the total combined parental income. This amount will be the total support owed by both parents for the support of their children. This figure is then prorated between the parents based on their annual incomes. The amount that is apportioned to you after the figure has been prorated is what you will be ordered to pay for child support.
Child support also includes separate payments for unreimbursed medical expenses of the children and educational or extracurricular activities, which are called “add-on expenses.” Our knowledgeable family law attorneys will help you figure out the amount you should rightfully pay based on your income and other relevant factors, while always keeping the best interest of the child as our top priority.
Barring any extenuating circumstances, New York State law compels a parent to provide financial assistance in the care of a mutual child, regardless of past or present marital status. Unlike spousal support or alimony, you do not need to have been married to the parent of your child to receive child support payments. Two people sharing a child are compelled by law to either share custody, pay support, or, in some cases, both. Child support issues are raised once paternity has been established, either via DNA testing or through the birth certificate of the child(ren) for whom support is being sought. A birth certificate will have the father’s name on it if they signed an Acknowledgment of Paternity.
A child support order is a legally binding directive handed down from the court of jurisdiction. Any violation of the order, such as non-payment, can result in serious consequences, including but not limited to fines, jail time, and the suspension of professional licenses held by the non-custodial parent. Once payment has stopped, the payment does not go away. Child support will continue to accrue until a court has examined the situation and amended the child support order. Should the non-custodial parent fail to petition the court to reduce child support due to changing circumstances, the total amount of back child support payments due to the custodial parent will continue to increase. This is true even if there is a loss of employment. The payor will still be responsible for support payments until they alert the court of a change in circumstances and file a request for modification.
Custody and visitation are legally binding judgments handed down by the courts. Though your ex may be in violation of a family court ruling, you may not restrict their access to your shared child outside of the original custodial agreement. Doing so is referred to as custodial interference, and the courts may look upon you unfavorably in the future. Instead, you may be able to petition the court for a change in visitation based on their refusal to provide court-ordered child support payments.
Not receiving child support payments can be stressful, but you don’t have to handle it alone. Our family law attorneys will be with you at any stage of your custodial proceedings to ensure that not only your rights as a parent are upheld, but the best interests of the child are at the center of each proceeding.
Tully Rinckey PLLC’s skilled and knowledgeable child support lawyers in White Plains give each case their utmost attention and best efforts. Our team is here for you to protect your rights and achieve your goals.
We assist individuals in their child support matters throughout Westchester and Rockland Counties, as well as the Lower Hudson Valley region. Contact us today.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com. You can also book your consultation online via the link below.
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