After the sometimes grueling process of child custody hearings, the issue of child support will need to be addressed. Even if negotiations have been easy, the topic of money can create tensions in an otherwise peaceful divorce. The state of New York bases support arrangements on the combined income of both parents. Many complex factors are considered when determining support. The effective legal representation of a New York City Child Support Attorney can ease the tense discussion of money.
The law office of Vivien I. Stark, P.C. will be a voice for you in the fight for fair support for you and your children. Vivien I. Stark has been a practicing family law and divorce attorney in New York City for over 30 years. She serves families within the five boroughs of New York and the surrounding communities. She is an experienced New York City Child Support Attorney who provides skilled representation and is well-versed in the laws and guidelines that determine child support in the state of New York.
Regardless of custody, a parent should financially support his or her children. Legally, support can be more than a check in the mail. It also could mean financial help for basic needs, like health insurance, medical expenses, educational expenses, and more. Most times, the parent who spends less time with the child must pay the child support. The state of New York requires that the parent paying support must do so until the child reaches the age of 21. While custody arrangements and other provisions end at 18, support payments typically continue until 21.
How New York Calculates Child Support Payments
The state of New York determines payment amounts by following a formula based on the combined incomes of each parent. When the combined income is less than $148,000 per year, the court will multiply the income amount by a percentage per child (i.e., 17% for one, 25% for two). Depending on the parent’s individually contributed income, each will be responsible for a percentage of that number. If any one parent’s earnings make up the majority of the income, he or she will pay the larger amount over time. Obviously, if this parent is the one with physical custody, he or she will not be making any “payments” per se.
For combined income over $148,000, the courts will either use this same formula for the total, up to that limit, or calculate an additional payment amount based on the child’s needs. For purposes of child support in New York, any type of payments are considered income, including worker’s comp, pensions, disability, unemployment, etc. Usually, federal aid income will be adjusted to accommodate support payments. State aid public assistance, on the other hand, is not considered income and will be deducted from the combined income total.
If the parents agree on a support amount before being seen by a judge, they have a right to have the judge’s calculations waived. They will need to submit the plan in writing along with a description of why they believe their agreement should be used instead. Occasionally, child support agreements may need to be modified. A parent may lose a job or have an otherwise drastic decrease in income, in which case a modification hearing will be warranted. As with all modification hearings, the parent will need to be seen before a judge and prove the circumstances that justify the change.
Consult an Experienced NYC Child Support Lawyer
As a divorce attorney in New York whose practice has been dedicated to marital and family law, Vivien I. Stark has experience in representing parents on both sides of child support cases. She has in-depth understanding of the difficulties both parents face and provides exceptional representation for either. If you are having trouble deciding on child support amounts, feel that you cannot pay what has been asked of you, or are not receiving the amount you should be, contact the law office of Vivien I. Stark, P.C. today. We are experienced in handling all matters of child support and will represent you with your child’s best interest as the priority.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.