Child Support NYC
As any New York child support attorney can tell you, one of the most important components of any family law case involving children, aside from visitation, is that of supporting the children. Support is the court-ordered financial maintenance of a child. Child support laws legally obligate a parent to support their child whether or not they have custody of them and apply equally to children born in or out of wedlock. Generally speaking, a parent is obligated to support their child until they turn eighteen years of age, though exceptions do apply. While settlement agreements are acceptable to the courts that involve lump sum payments, child support is an ordered maintenance of support that can be revisited when changes in income or circumstance occur. Most parents want to see that their children are well-take care of in the divorce and will work closely with their partner to ensure that the child or children’s needs are met fully. However, from time to time, there will be situations where one party disagrees with the amount that it takes to raise the child and provide for his or her needs, and in these cases the court uses legal statutes as a basis for deciding the maintenance amount required for that child or children in the home. New York child support lawyers can go over your finances with you and help you figure out what the child support payments would be like using NYC calculations.
Child Support in New York
After the Federal government passed the Family Support Act of 1988, states in the US were required to establish and apply uniform child support guidelines for the determination of child support payments throughout their jurisdiction. These guidelines (which are actually obligations) help courts calculate monthly support payments, among other things. Throughout the states, three methods of calculation are generally utilized. These are:
1. The income shares model: combines the income of both parents and allots a fixed percentage of that income, divided equally between both parents, to the financial maintenance of the children.
2. The percentage of income model: only considers the non-custodial parents income and allots a fixed percentage of that income towards the financial maintenance of the children.
3. And the Melson forumla model: a more complex form of the income shares model that incorporates rises in either parent’s standard of living.
In many states, for instance, the following factors are taken into consideration by the court when determining NYC support payments:
- How much other income each parent receives;
- How many children these parents have together;
- How much time each parent spends with their children (time-share);
- The actual tax filing status of each parent;
- Support of children from other relationships;
- Health insurance expenses;
- Mandatory union dues;
- Mandatory retirement contributions;
- The cost of sharing daycare and uninsured health-care costs; and
- Other factors.
Looking for a Child Support Lawyer in New York?
Oftentimes, NY family court attorneys will be asked by the client to negotiate for a higher payment amount so that children may be able to enroll in activities that will enhance or better their life, such as piano lessons or a particular sports activity. While these are not specifically outlined in federal statutes the courts do take these into consideration wherever possible as in every case it is the best interest of the child, not the parent, which is considered of top importance by the court. Our child support attorneys in NYC believe that with all cases involving children a softer touch is required, and when it comes to NYC child support we try to take the acrimony out of the case by placing the child at the center of the debate and not make this about who didn’t pay what, where, or when. Lawyers in New York City know that it’s not necessarily the paying clients who count, but the children.
New York City child support
For all the wealth in Manhattan and the outer boroughs like Brooklyn, there are still those who play games with custody and/or support by hiding assets or moving. All too often the children in divorce cases are used as tools to punish the other parent. This is where good child support lawyers will step in and take control of the situation. Yes, we work for our clients, but when it comes to children any attorney with ethics will put aside thoughts of paychecks and work towards the best interests of the child now and in the future. The Brooklyn child support lawyers at Provda Law Firm will always work with our clients to make sure, first, that the child and his or her future is secured.
But…we can only do so much. After the divorce is settled in the court the payment and visitation schedules begin. If the divorce was difficult, life post-divorce is usually difficult, as well. Many of our clients find themselves a year or two later looking at late NYC support checks or visitation violations. This is where enforcement comes in. Family lawyers in Brooklyn, Manhattan, Queens, or the Bronx are your family’s best friend when it comes to securing payment.
Contact a New York child support lawyer if you are having trouble collecting payments
Although state laws govern the majority of these issues, over the years Federal legislators have passed Federal laws which attempt to bring uniformity and enforceability into the system. Some Federal laws, for instance, have made is easier to collect child support payments by authorizing the withholding of wages from, or the interception of tax returns for, parents who are delinquent on their support payments. It is even a Federal offense to willfully fail to pay at least $5,000 in child support. Parents who have present or pending child support issues should contact a lawyer NY who specializes in child custody disputes and enforcement.
Naturally, no one wishes to go this route, but if it has to happen we are willing to bring the spouse back into court for enforcement procedures, such as wage garnishment, or change of orders.
Our lawyers in NY have been highly successful at getting our clients and children the support they deserve to have a fruitful life—or even just a chance. All too often we have clients who are not wealthy, who are scraping together their savings so they can secure a decent and honest child support payment because their spouse managed to hide assets to avoid payment or even to punish them for the perceived slight of leaving. When this occurs we will investigate the situation, uncover the missing pieces to the puzzle and work our hardest to bring this to the court in such a way that our client sees a future of security for their family.
Call us today to see how a Bruce Provda can help you.