For divorcing or unmarried parents, child support can become a contentious issue. Every case is different, and consulting a child support attorney to represent you in this matter is important. At our Nassau County , NY, and Queens, NY, law offices, attorneys David L. Martin, Esq. and Sofiya Shoaib, Esq. can help you navigate the complex legal issues that arise in child support cases, whether you are expecting to pay or expecting to receive child support.
By law in New York State, both parents are responsible for financially supporting their child until the child turns 21. This support also includes providing health insurance for the child.
Choosing the right child support attorney can be one of the most important decisions you make.
In general, the noncustodial parent pays child support to the custodial parent (the parent who has physical custody of the child most of the time). Child support includes monthly payments for the basic economic needs of the child. Add-ons include:
The basic amount of child support is based on a fixed percentage of the combined parental adjusted gross income, which takes into consideration the number of children being supported. Income that is considered for calculating child support includes earnings, worker’s compensation benefits, disability payments, unemployment insurance benefits, Social Security benefits, and pension benefits. For one child, the basic support amount is 17% of parental adjusted gross income; for two children, it is 25%; for three children, 29%; for four children, 31%; and, for more than five children, 35%. That amount is then divided between the parents according to their incomes.
The child support order must also include health insurance and out-of-pocket medical expenses of the child. When the custodial parent works or is in school, the support order may also include a prorated share of childcare expenses. Depending on the circumstances, the court may include educational expenses in the child support order.
If a parent paying child support receives income from a one-time source, such as lottery winnings or an inheritance, the court can order that parent to pay a portion of that money as child support.
If one parent thinks that the ordered support amount is unfair, he or she can ask the court to raise or lower the amount, according to the following factors:
Every two years, the Child Support Enforcement program reviews every child support order to determine if there should be a cost of living increase in child support payments.
Visitation and custody issues are separate from child support orders. Even if the noncustodial parent is not allowed to visit the child, he or she must still pay child support. Similarly, the custodial parent may not withhold visitation just because the non-custodial parent does not make support payments.
Choosing the right child support attorney can be one of the most important decisions you make. Our attorneys have the experience and resources to fight for you and are willing to go to trial if necessary. Please contact us today to arrange a consultation.
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