Child Support New York

A divorce that involves children raises three important issues: who gets physical custody of the children, arrangement of visitation schedules for the parents and the issue of child support. In New York the amount of child support payable by the non-custodial parent for the basic support of minor children is governed by statute under Domestic Relations Law Section 240. It is therefore necessary to retain the services of a good lawyer if you are involved in a child support case so that you can come to a settlement agreeable by both parties. David L. Martin has been practicing law for over 17 years and has been specializing in divorce and family law for almost ten years. He is extremely knowledgeable and experienced on issues of child support in New York and can help you settle your child support case efficiently and effectively.

Child support in New York is calculated using the Child Support Standards Act. This Act provides a formula that is used to calculate the amount of child support payable by the non-custodial parent as well as the amount payable for other expenses such as health insurance, educational expenses and child care. Firstly, the gross income of each parent is to be determined and includes salaries as well as “off the books” income. The gross income is usually taken from the most recent tax return and if no “off the books” income is conceded, its existence must be proved in court by the other party. If this needs to be done, it is important to have a lawyer who can represent you aggressively while being compassionate to your needs; a lawyer who is professional and extensively experienced in such matters such as David L. Martin. Visit www.dmartinesq.com or e-mail him at mzlaw@aol.com for details and an appointment for a free consultation.

Once the gross income has been determined, certain items are subtracted from it; these include the New York City income tax, FICA taxes and child support or spousal maintenance paid pursuant to a court order. If the net income is above $80 000, the amount payable can be calculated based upon $80 000 or the entire net income. Certain percentages are used to calculate the payable amount of child support in New York according to the Child Support Standards Act. The net income used is multiplied by 17% for a single child, 25% for two children, 29% for three children, 31% for four children and no less than 35% for five or more children. The resulting amount is then prorated between the parents depending on how much each parent contributes to the combined income.

In some instances, parents may choose to “opt out” of the amount of child support calculated and settle for a higher or lower amount. A strict written agreement that is signed by the parents must be drawn up indicating that they are aware of the value set by the judge and why they choose to “opt out” of that amount. It is important for this document to be written under the strictest guidelines which is most suitably done by an experienced and professional lawyer such as David L. Martin. When you are involved in a case of child support in New York, David L. Martin can provide you with the most professional, effective and compassionate legal representation at an affordable cost. Visit www.dmartinesq.com to find out how you can retain one of the best divorce and family lawyers in New York.

email: mzlaw@aol.com

Kew Gardens Divorce Lawyer David L. Martin
Queens New York Divorce Lawyer