Child Support Lawyer in NYC
When child support issues emerge during a divorce it is important your child's overall well being is considered. Child support and child custody can be very stressful and difficult issues. New York State law are very specific governing child support. Any deviations agreed upon by both parents has to be properly documented or it can be thrown out by the courts. Our NYC Child Support Attorneys have the experience and understanding you need to help you.
Experienced New York Child Support Attorneys
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One child 17%
Two children 25%
Three children 29%
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Four children 31%
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Five or more children 35% plus
Child Support Standards Act
This legislation that establishes the amount of child support based upon the income of their parents and standard of living. The CSSA establishes a complex formula (see below) for judges and magistrates to use when determining child support in New York State.
CSSA Child support percentages
All child support orders made by courts are required to to use the CSSA percentages unless deemed unjust or inappropriate. Parents can agree to different amounts if certain conditions are met.
New York Child Support FAQs
Can child support orders be modified in New York?
If there has been a substantial change in circumstances, or if either parents income has either increased or decreased by 15%, or if it has been at least three years since the last modification or child support adjustment order modifications can be made.
How to apply for residency of a family member?
The process depends upon if your relative is living abroad or currently in the United States. If you are an American citizen or permanent resident you may be able to sponsor a family member.
Who pays for child support?
Usually the non-custodial spouse makes child support payments to the parent with custodial rights. When their are equal, joint custody one spouse may still be required to make child support payments to the other spouse. Our experienced family law attorneys are here to provide the specifics for your unique circumstance.
When does child support payments end?
In New York child support obligations continue until the child is "emancipated" which means they are supporting themselves independently of parental oversight, or the child turns 21. Other conditions such as joining the military, completing 4 years of college and or getting married all can have an effect on when child support obligations cease.
What happens to my child support payments if I lose my job?
Child support will continue to accrue, so it is critical to file a petition to modify or suspend child support obligations based on your new circumstances. Once child support has accrued it can not be waived. Failure to pay can have significant consequences.
What takes place at a child support hearing?
The parents will present financial documents to the court including pay stubs, and tax returns, proof of expenses for the child such as education, health care, clothing, housing and any other applicable expenses. Thye court makes its determination based upon both the needs of the child and the expenses, how many children the parents share and the income of the parents.
New York Family and Child Support Attorneys
From the initial child support process to help with modifying child support our New York Family Lawyers are committed to protection you and your children's best interest. Contact us now for a consultation.
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