Child Support Lawyer 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.
Representation for Child Support Cases in NYC
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.
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.
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sure they always have to as a matter of
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fact there’s always medical expenses
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that you have to pay which is an add-on
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many times you have to pay for
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extracurricular activities there’s
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daycare when children are younger and
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when looking at daycare that could be a
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very large expense because people have a
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right to work and also if a spouse goes
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to school or a partner goes to school
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when the child is with them they have
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the right to hire a babysitter to go
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ahead and take care of the child
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
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well there are three basic ways of
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computing child support income in which
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case you’re looking at a percentage of
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your gross adjusted income they take off
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your FICA Medicaid Medicare they take
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off your New York City taxes or your
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yoner taxes depending upon where you’re
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living then there’s of course the uh the
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needs-based award uh which occurs when
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you cannot determine someone’s income or
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the lifestyle based award when you can’t
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determine someone’s income but the basic
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fundamental principle in child support
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is it’s based not upon the current
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economic circumstances of the spouse or
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partner but based upon the ability of
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the party to provide support
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 Our NYC Child Support Attorneys 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 the experienced and results-driven child support lawyers at The Levoritz Law Firm — where your family’s well-being is our top priority. Let’s achieve the support your child deserves together.
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 New York Child Support Attorney?
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.
Real People, Real Stories
Meet Our Experienced Child Support Law Team
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Serving New York City & The Suburbs
The Levoritz Law Firm proudly serves individuals and families across New York City and the surrounding counties, providing skilled legal guidance wherever you are.
- Manhattan
- Long Island
- Nassau County
- Rockland County
- Brooklyn
- Staten Island
- Suffolk County
- Westchester County
Schedule a Consultation with NYC Child Support Attorneys
FAQ
- Does child support automatically stop at 21 in New York?
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.
- What is the minimum child support award in New York?
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 Resources 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.
- Is there a cap on child support in New York?
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.
- Can I receive child support if I’m not the primary caregiver?
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.
- How do I ask for a change in payments when I know my ex-spouse’s financial situation has improved?
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.
- Do I have to make child support payments if I don’t have a job?
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.
- What happens to child support if my spouse moves in with another partner?
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.
- Can I seek child support even if we were never married?
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.
- My ex will not pay child support — what action can I take?
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.