For many military parents, financial support is vital not just for providing for their children and giving them a good quality of life, but also for the peace of mind it provides them during their service. If you are serving in the military and need assistance with any legal matter related to child support, consider contacting an Albany military child support lawyer from Tully Rinckey PLLC for a consultation.
We can review your situation and answer any legal questions you may have. If you deserve child support that you are not currently receiving, or if you have questions regarding child support you currently pay, we could help you determine your options and find the solution that is best for both you and your children.
According to New York Domestic Relations Law §240, the State of New York defines “child support” as a monetary payment for the care, maintenance, and education of any minor child. Any child under the age of 21 years may be eligible to receive child support.
Generally, Albany courts determine child support amounts in accordance with specific formulas. Under NYDRL §240, courts calculate child support based on both the number of children needing support and a pro rata percentage of combined parental income, as listed below:
Seventeen percent for one child
Twenty-five percent for two children
Twenty-nine percent for three children
Thirty-one percent for four children
Thirty-five percent or more for five or more children
NYDRL §240 defines “combined parental income” as the sum of the income of both parents. For the purposes of calculating child support, parental income includes salary, wages, and certain government or insurance benefits. New York State law also classifies veterans’ benefits as income, which may be of special interest to military parents. An Albany military child support attorney can provide further information and clarification on income calculations and support payment amounts.
Additional Payments for a Child’s Health or Welfare
In addition to child support payments, parents in Albany may need to provide medical support for their children, including payments to cover the cost of medical insurance. Additionally, if you have custody of your child and incur child care expenses due to your work schedule, the other parent could be required to pay a proportional share of these expenses. For example, if a military parent needs to pay for child care services while they are on duty, then they may be eligible to recoup part of those costs.
Inappropriate or Unjust Support Payments
In certain instances, courts in Albany may find that the mandated amount of child support is inappropriate or unjust. As noted in NYDRL §240, such a finding may be based on one or more of the following factors:
Financial resources of both parents
Physical and emotional health of the child and that child’s needs
Non-monetary contributions of each parent to the child’s welfare
Educational needs of either parent
If it determines an adjustment is necessary, the court may then order child support payments that it deems fair and just under the specific circumstances of the case. A military child support lawyer in Albany could help you petition for such a change and formulate an argument in favor of one.
Let an Albany Military Child Support Attorney Help
Military parents face many challenges, among the most critical of which is determining how to maximize time spent with their children. One thing they should not have to worry about, though, is how to financially support their family.
If you are a military parent having issues with child support, do not hesitate to call a dedicated Albany military child support lawyer as soon as possible. The hard-nosed legal team at Tully Rinckey PLLC can analyze your case to see how much child support you may be entitled to and go to court on your behalf to give you the best chance at obtaining an equitable child support arrangement.
You can contact us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.
You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.
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