Child Support Lawyer in NYC

Representation from a Child Support Lawyer in NYC

Navigating child support matters in New York City demands skill and a compassionate approach. The Levoritz Law Firm offers dedicated legal guidance, ensuring your child’s needs are prioritized while advocating for fair support arrangements.

At The Levoritz Law Firm, we use years of experience and a deep understanding of New York family law to navigate child support cases in NYC. Our skilled attorneys offer comprehensive services that cover every aspect of family law, from child support agreements and filings to modifications and enforcement.

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With a reputation for excellence and a client-centered approach, The Levoritz Law Firm is your trusted partner in navigating the complexities of child support proceedings.

New York Child Support Laws

Child support is a legal obligation whereby one parent provides financial assistance to the other parent or caregiver for the support and care of their child or children until the age of 21. Typically, the parent who does not have primary physical custody of the child pays child support to the custodial parent or caregiver.

Here’s what goes into child support determinations in NYC:

Income

First, you need to determine the combined income of both parents. This includes income from all sources, such as wages, salaries, bonuses, commissions, rental income, pensions, and more. Both parents are required to provide accurate financial information.

Child Support Standards Act (CSSA)

New York State utilizes the CSSA to establish a basic child support obligation. The CSSA formula takes into account the combined income of both parents and the number of children they have together. The CSSA provides a standard percentage of the combined parental income to be allocated as child support based on the number of children:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • At least 35% for five or more children

The courts will ask for accurate records of income to determine an arrangement that is in the best interests of the children.

Proration of Support

If the parents’ combined income exceeds a certain statutory cap, child support is calculated based on the statutory cap rather than the actual combined income. This cap is subject to change, so it’s essential to verify the current limit.

Additional Expenses

Beyond the basic child support obligation, parents may also be responsible for additional expenses, such as health insurance, child care, educational expenses, and extraordinary medical costs. These expenses are typically allocated between the parents based on their incomes and other relevant factors.

Parenting Time and Custody

While child support is primarily based on income, the amount of time each parent spends with the child (custody and visitation arrangements) can also influence child support calculations. The parent who spends less time with the child usually pays child support to the custodial parent, but the amount is determined based on the CSSA guidelines.

Deviations

Courts may deviate from the CSSA guidelines under certain circumstances. Factors that might lead to a deviation include the child’s special needs, the parents’ financial resources, and the standard of living the child would have enjoyed if the parents had remained together.

Enforcement and Modification

Once a child support order is established, it is enforceable by law. Enforcement mechanisms may include wage garnishment, bank levies, and other legal actions. Child support orders can also be modified if there is a significant change in circumstances, such as a change in income or the child’s needs.

In New York State, child support determinations are made by the Family Court or Supreme Court during divorce, separation, paternity, or support proceedings. It’s important for both parents to fully disclose their financial information to ensure a fair and accurate determination of child support.

Calculating Child Support in New York

As a starting point, the state uses a formula in the Child Support Standards Act for determining the proper payment amount. The steps to calculate the formula include:

  • Determining Family Income: The formula adds the combined gross income of both parents.
  • Determining Child Support: The formula has a table available that lists the percentage of combined income available for support payments.
  • Calculating Each Parent’s Contribution: Within the total amount of income available, the formula determines the percentage each parent contributes to the total.

These calculations determine the estimated amount the non-custodial parent should provide as a child support payment.

As an example, if the two parents combined make $100,000 and have two children, the formula states that $25,000 (or 25%) is available for child support. If the non-custodial parent contributes $60,000 to the total income (or 60%), the formula states the non-custodial parent should pay $15,000 annually for child support (60% of the $25,000).

The custodial parent would not make specific child support payments, but the formula indicates they should contribute at least $10,000 annually to the children’s well-being (40% of the $25,000).

Let a Child Support Lawyer in NYC Represent Your Interests

Count on our New York child support lawyers to provide the compassionate support you deserve in a tough situation like this. Our team understands the difficulties you are facing. We will stand by your side through all the ups and downs of requesting a child support payment.

What Can Child Support Be Used for in NY?

In New York, child support is intended to cover the basic needs and expenses of the child. Generally, child support payments can be used for the following purposes:

  • Basic Needs: Food, clothing, shelter (including rent or mortgage payments).
  • Healthcare: Health insurance premiums, medical and dental expenses not covered by insurance, prescription medications, co-pays, and deductibles.
  • Education: School tuition and fees, books and school supplies, and tutoring or educational support services.
  • Childcare: Daycare expenses, babysitting fees, and after-school care programs.
  • Extracurricular Activities: Sports fees, music or art lessons, summer camps, and club memberships.
  • Transportation: Public transportation costs, including gasoline and vehicle maintenance if transportation is necessary for the child’s well-being and activities.
  • Housing-Related Expenses: Utilities (electricity, water, gas), household supplies and furnishings, and rent or mortgage payments.

Specific uses of child support funds can vary depending on the child’s circumstances and the terms outlined in the court order.

Child Support Modification

Modifications to child support can be sought when there is a significant change in circumstances. This might include a substantial increase or decrease in either parent’s income, a change in custody arrangements, or an adjustment in the child’s needs.

In New York, either parent can petition the court for a modification of the child support order. Such petitions must demonstrate a significant change in circumstances since the last order was issued.

Enforcement of Child Support

Enforcement of child support involves legal measures to ensure non-custodial parents fulfill their financial obligations to support their children. If a parent fails to pay child support as ordered by the court, enforcement actions may include:

  • Garnishment of wages
  • Seizure of property
  • A lien on a home or business
  • Loss of a professional or occupational license
  • Loss of a driver’s license
  • Loss of a passport
  • Interception of income tax refunds
  • A court order indicating they must pay the other parent’s attorney fees and court costs
  • Negative credit rating

Enforcement mechanisms aim to hold delinquent parents accountable and make sure children receive the financial support they need for their well-being.

Mandatory Add-On Expenses

Mandatory add-on expenses in child support are additional costs beyond basic support that parents are required to share. These expenses typically include healthcare premiums, uninsured medical expenses, childcare costs, and educational expenses.

Courts may order both parents to contribute proportionally based on their income to cover these essential needs, ensuring that children receive comprehensive support for their well-being and development.

Contact a New York Child Support Lawyer Today

Ready to secure your child’s future? Contact an experienced child support Lawyer in NYC from The Levoritz Law Firm — where your family’s well-being is our top priority. Let’s achieve the support your child deserves together.

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How to Deal with Complex Child Support Issues

Although the CSSA formula will work for certain child support situations in New York, it’s not going to fit every family’s needs. Some divorces and child support settlements have uncommon situations that require adjustments to the formula. Our team can help you and your ex-spouse work through situations such as:

  • Supporting Other Children: If the non-custodial parent is supporting children from another partnership or marriage, this greatly complicates the CSSA formula. We know how to deal with the complexity of this situation.
  • Questions About Paternity: In cases where you are unsure whether you are the parent of the child in question, asking the court to order a paternity test is a possibility before determining child support payments. Our team can help you file the proper paperwork to handle this type of situation.
  • Hidden Income: When you, as the custodial parent, are seeking to receive the child support payment you deserve, you do not want the non-custodial parent to be able to hide income. You can trust our team to force the opposing side to produce accurate and truthful documents regarding income levels.
    Our zealous attorneys do not back down and will not be bullied into accepting incomplete information or documents.
  • Unfair Income: When our client is a non-custodial parent, our team works hard to make sure the court has the information required to issue a fair judgment.

We know that you want to help your children, but we also know you don’t want your ex-spouse taking advantage of the situation to obtain an unfair child support contribution. If you are facing an uncommon situation with your income, we will make sure the court takes this into account.

Why Choose Our Child Support Lawyer in NYC?

Choosing The Levoritz Law Firm for your NYC child support case means partnering with a team that stands out for its dedication, skill, and compassionate approach. Our attorneys are not only well-versed in the nuances of New York family law but also deeply committed to advocating for your child’s best interests.

  • Personalized attention: Each case is treated with the individualized focus it deserves, ensuring that your specific needs and concerns are addressed.
  • Experience in family law: With decades of combined experience, our attorneys bring a depth of knowledge and insight that is crucial for navigating the complexities of child support cases.
  • Proven track record: The Levoritz Law Firm boasts a successful history of securing favorable outcomes for our clients, thanks to our strategic and meticulous approach.
  • Comprehensive support: From calculation and filing to modifications and enforcement, we provide end-to-end services to cover all aspects of your child support case.

We prioritize your well-being and work tirelessly to make sure the legal process is as stress-free and positive as possible for you and your family. Our team maintains connections with psychologists, financial advisors, accountants, and other legal professionals to help us develop a comprehensive understanding of your family’s needs.

Yonatan Levoritz

Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.

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Frequently Asked Questions

At Levoritz Law Firm, we understand that navigating family law matters can feel overwhelming. To help you feel informed and confident, we’ve compiled answers to some of the most frequently asked questions about high-net-worth divorce, custody, and other family law concerns. Explore below to learn more about your options.

Child support payments in the state should end when the child reaches age 21, barring any special circumstances before age 21. According to the New York State Unified Court System, these circumstances may include the child’s marrying, working full-time, or joining the military.

Because the state determines the appropriate payment amount based on a percentage of the income of both parents, no minimum award exists. For a non-custodial parent who has income below the official federal poverty level, according to the NYC Human Resource Administration, the court can set the child support payment as low as $25 per month. However, the formula the state uses is a guideline, and the parties involved can argue for a higher or lower child support payment.

For high-earning parents, no cap exists on the potential child support payment award. If the parents have more than $183,000 in combined income, the court can adjust the formula for the payment. However, the payment amount doesn’t have a cap at $183,000 of income.

Even if the two parents have the children living with them for a nearly equal amount of time, the court will designate one parent as the primary or custodial caregiver. This parent is the only one who may receive child support payments.

You can formally request a modification of child support by filing a petition with the court, citing your ex-spouse’s improved financial situation. Provide evidence such as recent pay stubs or tax returns. Negotiate directly with your ex-spouse first, but if that is unsuccessful, seek legal assistance for the petition process.

The state of New York requires the parent who must make child support payments to include multiple types of income. These income sources can extend beyond wages from a job. Financial sources like unemployment payments, Social Security benefits, retirement pension payments, and workers’ compensation judgment amounts are all potential sources for child support payments.

Should your ex-spouse begin living with another person, that person’s income is not part of any child support payment calculation. However, your ex-spouse’s living expenses may be less now than they were previously, which could affect any spousal support payment you are making.

Yes, you can seek child support even if you were never married. Regardless of marital status, both parents have a legal obligation to support their child financially. You can petition the court for child support to ensure your child’s needs are met.

If your ex refuses to pay child support, you can take legal action to enforce the support order. This may involve petitioning the court for enforcement measures, such as wage garnishment, interception of tax refunds, or suspension of licenses. Consulting with a family law attorney can help you navigate the process effectively.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.