New York City Child Support Attorneys

Experienced and Knowledgeable Child Support Attorney in New York City

When a family separates, it not only changes the dynamics of the family unit, but it also affects the finances and the care of the children. The New York City family and matrimonial attorneys at Tully Rinckey understand that the trauma and change resulting from a divorce or separation can be severe for the children involved, regardless of whether the split is amicable or not. When couples have children and their relationship fails, child support options must be thoroughly examined with the best interests of the children in mind as the top priority. It is important to also know the basic rules in New York state regarding child support to ensure that your case runs smoothly and is resolved with everyone’s rights fully protected.

Our New York State team of child custody lawyers possesses a vast amount of combined experience practicing law to secure our clients’ wishes. We routinely assist individuals throughout the New York City metropolitan area, including the lower Hudson Valley, the five boroughs—Bronx, Brooklyn, Manhattan, Queens, Staten Island, and both counties in Long Island—Nassau and Suffolk.

You do not have to face your child support issues alone. Our team of capable and experienced attorneys are available to assist you.

Understanding Child Support Laws in New York State

Child support is calculated in New York State using what is called the Income Shares Formula, in most instances; however, if a parent is being evasive about their income and is intentionally refusing to provide sufficient information to the court, the court can choose to calculate the child support obligation based on the Needs-Based Formula. The Needs-Based Formula takes into consideration all of the expenses the custodial parent claims to incur for the support of the child(ren) and awards support on that basis alone. The courts can also elect to impute income if the non-custodial parent is being evasive about their earnings. These methods of calculating child support can be harmful to lower and middle-income non-custodial parents because they could be paying much more than if their child support obligation was calculated using the Income Shares Formula. You must seek a knowledgeable and experienced attorney to you assist you with your child support needs to ensure that you pay or receive your fair share of support for your children.

Either parent may be ordered to pay child support for the care, maintenance, and education of children under the age of 21; however, the parent who pays child support is the non-custodial parent. A non-custodial parent’s child support obligation will vary depending on the number of children they have and the combined income of the parents. The following regulations are followed when determining child support in New York using the Income Shares Formula:

• One child – 17 percent of the combined parental income
• Two children – 25 percent of the combined parental income
• Three children – 29 percent of the combined parental income
• Four children – 31 percent of the combined parental income
• Five or more children – No less than 35 percent of the combined parental income

The Income Shares Method calculates the basic child support obligation by adding both parents’ income and taking the relevant percentage of the total combined parental income. This amount will be the total support owed by both parents for the support of their child(ren). This figure is then prorated between the parents based on their annual incomes. The amount that is apportioned to you after the figure has been prorated is what you will be ordered to pay for child support. Child support also includes separate payments for unreimbursed medical expenses of the child(ren) and educational or extracurricular activities which are called “add-on expenses”. Our attorneys will help you figure out the amount you should rightfully pay based on your income and other relevant factors, while always keeping the best interest of the child as our top priority.

Why Choose Tully Rinckey to Help With Your Child Support Issue?

Our attorneys have assisted many families with their specific family law matters; rest assured that we have seen cases similar to yours and will give you the guidance needed to realize your goals. We have guided our clients through some of the most difficult aspects of their divorce and remain with them at every step of the way to ensure that their future needs are being met while keeping them apprised of the different New York State laws that need to be considered.

Our attorneys have practiced in many of New York City’s Family and Supreme Courts, including those in the five boroughs—Manhattan, the Bronx, Brooklyn, Queens, Staten Island as well, Nassau and Suffolk County, and the Hudson Valley. With a team of attorneys located across New York State and access to online consultations and booking, we can assist you at any time and bill at lower rates than competing firms.

Can I Seek Child Support if We Were Never Married?

Even if you were never married to the other parent of your child, the law still compels a parent to assist the other parent financially for that child, unless there are exceptional circumstances. This is not to be confused with alimony or spousal support. Regardless of whether you were married to the other parent or not, the law compels you to either share custody or pay support, and occasionally both, if you have a child. A court can issue child support orders once paternity has been established, either by a paternity test or through the use of the birth certificate. The birth certificate would have the father’s name if the father signed the Acknowledgment of Paternity.

What Happens If My Child’s Parent Will Not Pay Child Support?

Simply ceasing monthly child support payments can result in fines, as well as a variety of additional punishments, including jail time, or suspension of any professional license that the payor may have. When a person stops paying child support, it continues to accrue until a court has authorized a petition to reduce the child support due to altered circumstances. This implies that if a child support payor loses their employment, they will continue to be responsible for paying child support until the court releases them from their obligation. To stop paying child support or have the amount reduced, the payer must first request a court order modification.

Can I Deny Parental Access If My Ex Refuses to Pay Child Support?

If your ex does not pay child support, you cannot reject their visitation. While you may be able to have your ex-visiting spouse’s rights adjusted in court, refusing to allow your ex-spouse to see the child is deemed custodial interference.

However, there are many laws and tools in place to protect your child’s rights to financial support from both parents, which might be an easier to undertake rather than changing a visitation order.