Long Island Child Support Attorneys
Over 150 Years of Combined Experience
Child support is payment from one parent to another to cover the basic day-to-day needs of their child, such as shelter, food, clothing, educational costs, medical costs, and more. Parents sometimes feel that child support is a form of punishment, but this could not be farther from the truth.
Child support is about protecting your child’s best interests and making sure he or she is provided for each day. Child support ensures that your child receives the things they need to be happy, healthy, and secure.
How to Get Child Support in NY
A child support order is issued by a judge and will outline how much and how often support payments are to be made. A child support order is typically made after two parents divorce but can also be made if the parents were never married and paternity has been established. Payments can be made directly to the custodial parent by the noncustodial parent. Alternatively, if the parents live in different states, payments can be made to a child support agency that will, in turn, pay the custodial parent.
NY Child Support Guidelines
New York uses a formula based upon a percentage of the “combined adjusted gross income” of each parent to determine how much child support to order. For amounts of combined parental income reaching $141,000 the obligation is:
- 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 custodial parent can request that support payments be automatically deducted from the noncustodial parent’s paycheck or income. Child support orders can be modified but only with proof of a change of circumstances.
How Is Child Support Determined in New York?
When one parent receives sole custody of his/her child, the parent is entitled to child support payments from the non-custodial parent. Child support is awarded by the divorce court or family court based on each parent’s ability to contribute financially to the child’s expenses.
Generally, child support in New York is based on a percentage of income, after certain adjustments (such as Social Security, Medicare, NYC tax, and amounts paid pursuant to other support orders).
The court may sometimes make further adjustments to the support amounts based on certain factors. These factors include any substantial differences between the income of the parties, financial resources available to each party, unusual expenses for visitation travel, or (under certain circumstances) other children being supported, without court order, by the non-custodial parent in the support action.
The non-custodial parent must then make regular payments to fulfill their parental obligations. If the child’s daily expenses increase, the child support award may be re-evaluated by the court, and is subject to change. Likewise, if the non-custodial parent finds that they are not able to pay the ordered amount due to changes in income or other hardship, they may petition for a modification and will be required to explain their circumstances to the court.
Who Pays Child Support?
Generally, child support payments are made by the non-custodial parent to the parent with custody and are determined as a percentage of their adjusted gross income. These payments must be made until the child reaches 21 years of age.
Child Support & Separation Agreements
If both parents have already worked out a plan for a child support in a legal separation agreement that differs from the contribution amounts listed above, this may be used in lieu of the guidelines decided by the state. This is providing that they have been advised of their rights under the law and that they are knowingly waiving them. This arrangement must be validated before a court.
Dedicated Representation for Child Support Cases
Wisselman, Harounian & Associates has received numerous professional honors and recognitions for the commitment to excellence we provide for our clients. It is our goal to ensure that your family receives the advice you need to make informed decisions that are in your best interests. With over 150 years of collective experience, our attorneys have the practical skills and legal acumen to help you navigate and resolve even the most complex child support situations.
Our team of family law attorneys in Great Neck, Long Island takes special care to address the emotional and financial aspects of your case and will ensure that you receive comprehensive, personalized care that meets your particular needs.