New York Child Support Attorneys

Child support payments are perhaps one of the most important issues that couples must resolve during divorce. In New York, parents are legally obligated to provide financial support for their children until they are the age of 21, or until they are emancipated. When parents decide to get a divorce, child support ensures that both parents continue to provide financial support for the wellbeing of their children.

Child support can take several forms, but is essentially designed to cover daily expenses, such as housing, clothing and groceries, as well as additional expenses for things such as health insurance, medical care, school expenses and childcare.

Who pays for child support in New York

In New York, one parent is required to pay child support. Many couples mistakenly believe that child support payments are proportional to the split in custody. For example, couples who share equal amounts of the time with their children are responsible for 50 percent, or half, of all expenses. However, the amount of child support is determined by the income of each parent.

Either parent may be ordered to pay child support, regardless of whether they have contact or custody with their children. In most situations the “non-primary” custodial parent will make child support payments to the primary custodial parent. In cases where custody is split evenly, the parent who earns a higher income will likely pay child support to the parent with a lower income.

In addition to base child support, parents will often divide additional expenses for the child such as educational costs, health insurance, childcare and extracurricular activities.

How child support is calculated in New York

Child support is calculated in New York according to the Child Support Standards Act, or CSSA. This act sets forth guidelines for determining what amount of child support is appropriate taking into consideration the parents’ combined income. Under CSSA, child support is calculated by multiplying both parents’ combined incomes by a corresponding child support percentage, then assigning a child support payment to each parent that is proportional to their income.

Below is a breakdown of the percentages set forth by the CSSA guidelines.

• One child: 17%
• Two children: 25%
• Three children: 29%
• Four children: 31%
• Five + children: no less than 35%
  

For high net worth couples, however, the CSSA guidelines may be less relevant. If combined income exceeds $148,000 per year the court may look at other options for assigning child support payments. For example, the court could use the CSSA guidelines for the first $148,000, then determine child support based on factors such as the disparity in the parents’ incomes, standard of living, physical and emotional health, the needs of other children of the non-custodial parent.

Child Support Modifications in New York

It is not uncommon for parents to want to modify child support obligations in New York. As time goes on, circumstances change. Parents may change jobs, health may deteriorate, or financial situations may improve. Parents may request a child support modification by filing a modification petition, however, filing for modification does not mean one will be granted.

In New York, there are essentially three reasons that a court may grant a child support modification request, including:

• A substantial change in circumstances
• Three years have passed since the order was entered, last modified or adjusted
• Income for either parent has changed by 15% or more
  

Determining whether there has been a substantial change in circumstances will require an examination by a judge or hearing officer. They will look at all the facts and determine whether those facts justify a modification of a child support order.

What if my ex-spouse or partner refuses to pay for child support?

Failure to pay child support can lead to serious consequences. If your child’s parent fails to pay child support, then you may take legal action to receive those payments. The first step is filing a violation petition. Then the court holds a hearing to determine if child support has been violated. If so, then the court may order the garnishment of the non-paying parent’s paycheck, the suspension of their driving license, the interception of a tax refund, or even held in contempt of court and jailed.

Should I hire a child support attorney?

Regardless of your relationship with your child’s parent, ensuring that they have financial security and will have sufficient resources to meet their needs is of paramount importance. Hiring an attorney to help you achieve your goals, whether it is modifying a child support order or enforcing one, is the first step.

If you have questions about child support in New York, contact WertheimerLipton today to schedule a consultation.