Understanding How Child Support Is Determined
Librett Friedland, LLP, has been serving New Yorkers since 1976. Over those years, we have helped countless clients with their child support issues. Child support involves money, and, more importantly, it involves children — two things that give rise to tensions on their own, let alone together.
Our family law attorneys understand New York’s child support guidelines. We understand how the law affects parents and children and we are dedicated to providing personal attention to your child support issue.
Contact us online or call 516-741-1040 to speak with an attorney experienced with child support. We serve clients from Manhattan to Montauk from our three convenient offices in Garden City, East Hampton and New York City.
New York’s Child Support Law
New York follows the Child Support Standards Act, which states that children should have the same standard of living they would have if their parents lived together. It requires one parent (the noncustodial parent, or the parent who does not live with the child) to pay child support to the other (the custodial parent).
The amount of support the noncustodial parent owes is based on a percentage of his or her income and the number of children involved. For example, if there is one child and the noncustodial parent makes less than $80,000, the court will usually order the noncustodial parent to pay 17 percent in basic support. The court will also make an order about medical support (health insurance) and child care.
Do You Need to Follow the Child Support Guidelines?
The percentages are not set in stone. If the custodial parent is receiving financial assistance from the state, the child support guidelines will be used to determine child support. However, in other cases, the parents can agree on an order so long as it is in the best interests of their children.
At our law firm, we help individuals resolve child support in or out of court. Sometimes, the tension between parents is so strong that court is the only option. Other times, you might consider mediation or the collaborative law process where you will not be bound by the court’s child support percentages. Founding partner Lloyd M. Friedland is a certified New York collaborative law attorney who has helped clients negotiate child support agreements that meet their interests.
What Happens When One Parent Doesn’t Pay Support?
If you are under pressure to pay child support or the other parent is not paying the money they owe your child, we can help. The state will put certain child support enforcement measures into place, which can include: wage garnishment, license suspension, tax penalties and more. If you are the noncustodial parent and face enforcement measures, we can work to negotiate an agreement that will get your license back or make child support more reasonable.
Modifying Your Child Support Order
Did you lose your job? Did your child switch houses? Did the other parent’s income increase? We can help you determine if you can bring a motion to modify your child support order or defend your current order in court.