Manhattan Child Support Lawyer
Our Trustworthy Child Support Attorneys Can Help
After divorce, parents have many concerns for the future emotional and financial well-being of their children. On the financial side, the awarding of child support is an important decision. The child support payment goes from one parent to the parent who is the primary caregiver for the child. Setting this payment amount often results in arguments between the two divorcing parties. The parent sending the payment wants to be certain the money is benefitting the children and not the ex-spouse.
Our child support lawyers in Manhattan are ready to work on your behalf. We help with crafting agreements to deal with child support, cutting through any arguments. When facing a child support judgment that you believe is no longer fair, we can help you contest it. Or, if your spouse has broken a legal agreement regarding support payments, we will help you fix this problem. The Levoritz Law Firm takes a holistic approach to family law, providing the compassionate representation you deserve. Contact our team today at (718) 942-4004 for a review of your case. We are ready to help.
How Child Support Works in New York
Child support is a tricky situation after a divorce. Parents certainly want what is best for their children. You also don’t want your ex-spouse to take advantage of the situation by obtaining a greater level of payment than should actually occur.
We Investigate Your Case Thoroughly
Our child support attorneys in Manhattan will investigate your case thoroughly to ensure that the opposite side is following the state’s rules. We do not let the attorneys representing your ex-spouse make false accusations or introduce documents that don’t reflect the true financial situation.
We are tenacious in helping you win the fairest possible settlement. We work tirelessly for our clients, seeking the best possible child support outcome that takes the needs of you and your children into account.
We know people have choices regarding hiring a child support attorney. We appreciate the opportunity to help new clients, just as we have helped past clients reach satisfactory solutions in cases like this. We do not take this responsibility lightly. We give each case the attention it deserves, crafting a strategy that is unique to your situation.
Understanding New York Child Support Laws
New York child support laws attempt to cover a wide range of situations. They also attempt to simplify the calculation of child support payments as much as possible. As a starting point, the state uses a formula in the CSSA (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’s Share: The formula has a table available that lists the percentage of combined income available for support payments. With one child, 17% is available. With four children, 31% is available.
- 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.
CONTRIBUTION OF NON-CUSTODIAL PARENT
As an example, if the two parents combined make $100,000 and they have two children, the formula states $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 he or she should contribute at least $10,000 annually to the children’s well-being (40% of the $25,000).
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 has the ability to help you and your ex-spouse work through situations such as the following:
SUPPORTING OTHER CHILDREN
If the non-custodial parent in your case is supporting children from another partnership or marriage, this greatly complicates the CSSA formula. We know how to deal with the complexity this situation presents.
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 properly handle this type of situation.
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 when your ex-spouse’s attorney tries to bully us into accepting incomplete information or documents.
When our client is the 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.
Let Our Compassionate Child Support Attorneys Represent Your Interests
Yonatan ‘Yoni’ Levoritz founded The Levoritz Law Firm in 2008. Those involved in the legal industry and our past clients know all about Yoni’s ability to handle the most complex cases, delivering the focus and attention they deserve. In 2008, he was named the Professional of the Year in Matrimonial Law from Strathmore’s Who’s Who. He was the youngest-ever recipient of this award at the time.
Yoni is a strong advocate for the rights of fathers in divorces and child support cases. He works hard to help them receive the fairest possible settlements, while protecting their rights as parents.
WE TREAT OUR CLIENTS WITH RESPECT
Yoni takes an active role in all the law firm’s cases. Our attorneys work with a singular focus on helping our clients receive the professional level of representation they deserve. Our clients often are facing some of the most difficult times of their lives when they come to see us. We understand this, and we will treat you with the respect you deserve.
Call our New York child support attorney at (718) 942-4004 today for a review of your case. Once you hire us, you can be certain that we will always be available for our clients. We understand that this situation can create some highly complex circumstances that are difficult to understand. We can answer any questions you may have, while keeping you updated on the progress we are making.
We take the time to learn all about you and your family. Understanding your current needs and future goals helps us in crafting the proper strategy for your case. We take pride in our responsiveness to our clients and in our thorough knowledge of New York family law.CONTACT US TODAY
Dealing with a Broken Parenting Agreement
In the early stages of a divorce, our attorneys can work to draft agreements between you and your spouse regarding the treatment of the children. Some of these agreements may include:
- Parenting agreement
- Child custody agreement
- Visitation agreement
- Child support agreement
In some cases, a parenting agreement will cover all these items. This agreement may deal with things like religious teachings, educational decisions, medical care, and transportation to extracurricular activities.
Creating a Legal Child Support Agreement
Even if you and your spouse agree on all the items related to child support payments, a legal agreement is important to have. Once the agreement is in place, both parents need to adhere to it.
Should your ex-spouse suddenly stop following the rules of the agreement, our attorneys are ready to help you receive the treatment you deserve. Because you took the time to make it a legal agreement, rather than just an oral agreement, you have the right to seek help with enforcing it.
Tackling a Breach of Contract Regarding the Children
If your ex-spouse agrees to rules regarding visitation or child custody, you expect those rules to continue. However, after a few months, your ex-spouse may begin changing the rules without notifying you. These rules should include the time for the pickup and drop-off, as well as whether others will be present to help with the process.
Should your ex-spouse show up late with the kids on occasion, this might be an oversight. If it starts happening every time, leaving you unable to spend as much time with your children as you deserve, this is a violation of the visitation agreement. Should your ex-spouse take your children out of state without permission, this could be a major violation. You should not have to put up with this kind of behavior from your ex-spouse.
Helping With Child Support Agreement Violations
If your ex-spouse is required to make child support payments, as determined in the divorce, a breach of contract in this area poses a significant problem. You rely on those funds to help you care for the children properly, taking care of their day-to-day needs.
Breaking this legal agreement regarding support payments is a serious situation. Your ex-spouse must help with the raising of the children, both emotionally and financially. Our New York child support lawyers will tenaciously seek the payments you are owed.
We Focus on Parenting Contract Litigation
You shouldn’t have to suffer after your ex-spouse’s decision to break the contract regarding the care of the children. Contact The Levoritz Law Firm when you need legal representation to deal with your ex-spouse’s unacceptable behavior.
Our contract litigation attorneys know how to convince the court to enforce the parenting agreement, child support agreement, or visitation agreement that is in place. We know how important these agreements are for the well-being of the children. Any sort of breach of contract can greatly affect your children. Count on us to work tirelessly to revive the agreement you made and to ensure it remains enforced.
Changing Child Support Payments
If you receive a judgment from the court that requires you to make child support payments, you might make them faithfully for months or years. Suddenly, though, you may have a significant change in income after losing a job or receiving a cut in your work hours.
If something like this happens, you have the right to ask for a modification in your child support payment. Our New York child support lawyers can help you file the correct paperwork for the petition. We will need to collect documentation that shows the change to your income.
We Will Keep Your Case Moving Forward Quickly
It is in your best interest to file the paperwork for this change as quickly as possible after your employment situation changes. Understand that it can take some time for the court to hear the petition for the change.
Count on our New York child support lawyers to provide the compassionate support you deserve in a tough situation like this. Going through a divorce and losing a job, all while being unable to see your kids as often as you would like, is extremely difficult. 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 change.
Questions Asked of Our Manhattan Child Support Lawyers
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 NYC Law Department Family Court Division, these circumstances may include the child’s marrying, working full-time, or joining the military. Our experienced child support lawyers in Manhattan can help you work through any of these special situations and determine exactly when payments can stop.
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 has the ability to 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 $148,000 in combined income, the court can adjust the formula for the payment. However, the payment amount doesn’t have a cap at $148,000 of income. This can be confusing for some parents, which is why having our team of knowledgeable Manhattan child support lawyers on your side is helpful.
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. Not only can our highly skilled team help with child support judgments, but our trustworthy child custody lawyer can help with determining custody, too.
How do I ask for a change in payments when I know my ex-spouse’s financial situation has improved?
When our team represents you, we can petition the court for a change in the payment award for child support. We will request new support documentation from all the parties involved to prove the current financial situation. Sometimes, the court will consider a change only if it involves a minimum percentage change from the original judgment. It is also possible for us to negotiate a higher payment from your ex-spouse without the need to go to court. We take pride in our contract litigation skills.
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 all are 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, it is possible that your ex-spouse’s living expenses are less now than they were previously, which could affect any spousal support payment you are making. Our spousal support attorney can help you determine whether you should petition the court for a change.
Working with Our Experienced Child Support Lawyer in Manhattan
Call Us Today for a Consultation
WE OFFER COMPASSIONATE LEGAL COUNSELING
Going through a divorce with children involved often represents an emotionally charged situation for all parties involved. We understand the difficulties in cases like this. Parents almost always want the best for their children during and after the divorce. However, they may not agree on the ideal way to achieve the desired outcome, or even on what the best outcome should be.
We strive to treat all parties involved in the divorce with professionalism and respect. However, don’t assume this means we back down when facing a tough situation. We will treat you with the compassion you deserve, while fighting as hard as we can for the outcome you also deserve. We are zealous litigators when a breach of contract for a child support payment occurs.
Regardless of whether you or your ex-spouse started the divorce proceedings, we will always act in your best interests when it comes to the child support decisions. We will help with the paperwork and cover all the legal steps required to make the process of sending or receiving child support payments as smooth as possible.
WE CAN DEFUSE TOUGH EMOTIONAL SITUATIONS
One of the most difficult things about negotiations regarding child support is the emotion that spills into the discussion. Oftentimes, when two divorced parents are trying to determine the best situation for their children, emotional baggage and arguments from the past become part of this discussion. This can lead to the parties’ being unable to come to an agreement.
By bringing our reliable New York child support lawyer into the discussion on your side, we can help to diffuse some of the emotion in the case.
Rather than remembering past disagreements about money or parenting techniques that can derail negotiations about child support, our team brings a fresh perspective. We do not have any history with your spouse, which makes it easier for us to ignore the emotions and focus on the facts.
Hiring our attorneys to represent your interests when negotiating about child support doesn’t increase the pressure or intensity of the case. Instead, our skilled attorneys often have the opposite effect. We are able to approach the situation with a professional attitude, which makes the process calmer for everyone involved.
HIRE OUR EXTRAORDINARY MANHATTAN CHILD SUPPORT LAWYER TODAY
Although it may seem as though child support cases are easy to calculate for the courts in New York, using the CSSA formula, there are exceptions in many cases. When these situations exist, it is our job as your divorce lawyer to present them to the court.
The judge can only make a decision about the child support award in the case based on the information that’s available. Our child support lawyer in Manhattan will ensure that the judge has everything required to reach the fairest possible outcome. We take pride in our thorough preparation. We do not want to miss anything when it comes to presenting your unique situations that should affect your child support awards.
Our past clients know just how hard we worked for them. We do not back down when facing a difficult opposing attorney or a tough situation for our clients. For a review of your case, please contact us as soon as possible at (718) 942-4004. We will be ready to begin working on your case as soon as you choose to hire us.