Long Island Child Support Lawyers
Child support is the right of any child. They need education, health care, child care, food, clothing, shelter, and much more. They are entitled to this support from each parent and most parents, even in divorce, understand this. The biggest issue in divorces is how child support payments can be equitable for all parties. This contentious issue is just as much of a problem in Long Island divorces as anywhere else in New York. This is why it’s important to have a long island child support lawyer who can ensure that child support is equitable and fair.
What is child support?
Child support is providing financial support for your children. Child support is designed to cover the expenses of rearing a child. New York law provides that children need to be supported until they are 21 years of age and this includes health care as well. Parents are expected to provide for education expenses, health expenses, as well as basic needs. The only exceptions to this are if the child is married, self-supporting, or in the military.
The State of New York imposes child support obligations on both parents, but it is usually the non-custodial parent that is the one who must pay the child support. While child support is usually only paid by the non-custodial parents, sometimes child support is paid by a custodial parent when both parents share joint custody.
How is child support calculated?
New York uses a relatively simple formula for calculating basic child support based on combined parental income. It’s a percentage of the total parental income that varies by the number of children. The following chart is generally required for determining child support obligations when total parental income is less than $143,000 per year (this amount increases every year).
* 17% of combined parental income for 1 child
* 25% of combined parental income for 2 children
* 29% of combined parental income for 3 children
* 31% of combined parental income for 4 children
* Minimum 35% of combined parental income for 5 or more children
There are a few exceptions to the table. For example, if combined parental income exceeds $143,000 a year, the court may use other factors to set an appropriate level of child support. Sometimes this $143,000 figure is referred to as a child support cap because of this, but long island courts tend to not observe it as a cap. It’s very important to have an attorney when combined parental income exceeds this cap because judges have very wide discretion on how much child support they can order. Furthermore, this cap is often exceeded in long island divorces.
If the non-custodial parent’s income is lower than the federal poverty line, their child support is capped at $25 per month. If their income is below NY’s Self Support Reserve then child support is capped at $50 per month.
If a negotiated or mediated settlement, both parties can choose to discard the formulas and come to an agreement on the amount of child support to be paid. When these kinds of negotiated settlements are paid, they need to take into account the child support factors stipulated in the law. A good child support attorney can be very helpful in ensuring that negotiated settlements provide the best child support for parents without involving judges who are unfamiliar with the family situation and needs.
What happens if child support is not paid?
Failure to pay child support comes with many different penalties. As arrears in child support build up, the penalties stack. Some of the penalties are automatic under the law. For example, at $500 in child support arrears, the state will have your state and federal tax refund offset. If a person is more than $1,000 behind on child support, credit bureaus will be notified. With 4 months of past due child support, driver’s licenses, business licenses, and professional licenses are suspended. Passports are denied at $2,500 in past due child support.
Courts become involved when child support arrears reach higher amounts. Judges can place liens on real estate and other property. They can place non-custodial parents into jail for failure attend violation hearings. Non-custodial parents who willfully refuse to pay child support can be referred to criminal prosecution where they can face jail terms of up to 6 months. Courts have wide latitude to determine what is willful refusal to pay child support.
All of these negative outcomes can be mitigated with a child support attorney who knows long island courts and can ensure that the rights of both parents are respected through equitable child support.
How can child support orders be modified?
If there is a significant change in the family circumstances, child support orders can be modified. Generally, child support modifications can be made in three cases. If the child support agreement is a negotiated agreement, it can be modified. If three years have passed since the last child support modification, then it can be modified. If income has changed more than 15% then it can be modified. Income that drops more than 15% is usually viewed with skepticism by the courts so it should be backed up by a child support attorney who knows the law and rules.
A long island child support lawyer is the best defense you can have to ensure that your New York child support order is fair and equitable. The attorney can ensure that your rights are protected throughout the divorce process.
When a marriage ends and there are children involved, there are many factors that both parents must take into consideration. In most cases, one parent will generally have custody of the children, while the other will be ordered by the court to pay child support to help the children maintain their normal standard of living. However, this can be a difficult aspect of the divorce proceedings in which to find common ground, since there are various ways in which child support can be calculated. And in addition to this, if one parent makes requests the other finds unreasonable, the negotiations can become prolonged and sometimes very tense. Regardless of the circumstances in these cases, it’s important to hire an attorney who has knowledge and experience in dealing with these complex legal matters.
Calculating Child Support
According to the New York Office of Temporary and Disability Assistance, standard guidelines are used by the court to determine how much child support the noncustodial parent will pay. After determining the adjusted gross income of the noncustodial parent, the court will multiply that amount by a percentage based on the number of children who will require support. Standard guidelines start with 17 percent for one child, 25 percent for two children, and go up to 35 percent for families that have five or more children. However, while in some cases the court will determine the amount of support to be paid, there are divorces where the spouses will come to an agreement on their own as to how much child support the noncustodial parent will pay. These agreements can make it much easier on everyone, since they offer both parties greater flexibility and lessen the chances support will not be paid due to one parent thinking the amount is excessive. More information about this can be found at Your text to link….
Consequences of Not Paying Child Support
In cases where a parent chooses to not pay child support for various reasons, a number of consequences may result. If only a payment or two are missed, the court will usually issue a warning to the noncustodial parent. However, if payment after payment are missed, the person may be held in contempt of court, and could face jail time. If the custodial parent chooses to take the matter to court, wages could be garnished, tax refunds seized, and the noncustodial parent may be ordered to make restitution for any back payments they have missed. However, while New York courts are known for wanting to help noncustodial parents meet their child support obligations, they are nevertheless determined to see that payments are made, and therefore do not hesitate to impose penalties if necessary.
Why You Need an Attorney
In any child support case, it’s imperative to have available to you the services of an attorney who has experience in dealing with these sensitive matters. Since emotions often run high when it comes to divorce and child support hearings, having an attorney who can stay level-headed and keep you the same way can be crucial to reaching an agreement you will find satisfactory. Whether you are a custodial parent seeking additional support, or a noncustodial parent who is seeking a modification to the original support agreement, having a knowledgeable attorney on your side can ensure you leave court with a decision that’s fair and just to everyone involved. No matter the situation, an attorney can also help both parents realize that while they may have differences with one another, ultimately the decisions made by them and the courts will affect their children for many years to come.
Can I get child support during separation?
Child support is a complex portion of the law. In theory, when one parent is not raising their child, they should financially support the custodial parent to ensure they grow up well cared for. However, a grey area exists in the legal field. How do you handle child support when you and your spouse are separated, but you aren’t yet divorced? This situation occurs commonly. Both parties often wonder whether separated spouses are financially obligated to pay financial support before the divorce filing. Does the court believe that failing to pay is the same as abandoning the child?
Legal Obligations
Thanks to the intricate workings of our judicial system, there are practical legal places to look for answers. To begin with, child support payments are never required unless they’ve been ordered by a court. Some parties will make their own arrangements without the court, agreeing on certain child support terms. However, this doesn’t count as a legally binding contract. The court is the only entity that can make child support mandatory.
On an ethical note, though, parents have an obligation to support their children. If the involved parties can’t come to an agreement about child support themselves, and they’ve filed for divorce, the courts may handle the decision. Child support payments may be required on either a permanent or temporary basis. The main focus of the judge will be the welfare of the child or children, the number of children, and the income of both the parents.
When a court orders temporary child support, your children receive necessary care until the divorce papers are officially filed. Permanent solutions usually aren’t created until after the divorce has been finalized. This is in the best interest of the child, and it also lets both parents provide for and support their child.
Legal Questions About Separation
In many ways, separation is like divorce. Separating is a popular option when couples do not want to continue cohabitating, but also do not want to get a divorce. They may not want a divorce due to religious reasons, or they may be hoping to resolve their issues.
Legal separation is a way of ensuring that a court order settles any issues with the marriage. This includes spousal support payments, division of property, debt allocation, child custody arrangements, and child support payments.
Agreement to Legal Separation
With a legal separation agreement, every concern about the marriage is handled. There’s a definitive judgment passed down for how different aspects of the marriage should proceed. When children are involved, the agreement will outline the terms of the custody arrangement. It will also explain the amount that each parent is required to pay for child support. The amount will vary depending on the amount of time the parent has lived with the child, the laws of the state, and the income of each of the parents.
Payment Amount
One of the most helpful things you can do in a divorce or separation case is to voluntarily offer to pay child support. This lets you avoid adhering to a temporary mandate of the court. It’s helpful if both parties can work constructively to find a solution that’s best for their children. In the end, the child should be supported without the other parent being impaired.
State Restrictions
Some states don’t have a legal separation option. Even if a person is not legally separated in the eyes of the court, child support payments might still be a necessity if the spouses live apart. When this is the case, the custodial parent will use the court to seek payment fro the non-custodial parent. The process is similar to the one used with legal separation, but the couple is still considered to be married. This means that receiving child support during any kind of separation is indeed possible.
The Divorce Transition
There are cases where the separation doesn’t resolve itself. After a certain period of time, the couple will decide that their relationship is not salvageable. This is the point at which they’ll file for divorce. In cases where couples were legally separated, the legal terms of the separation are often the groundwork of the divorce agreement.
In these cases, child support payments can’t be set in stone. If different factors change, the amount of court-mandated payment might increase or decrease. Transitioning to divorce is sometimes grounds for a judge to reexamine the child support payment arrangement. If the parents have had any income changes, the agreement may be amended.
Call Us