Child Support Modifications

Child Support Modifications Lawyer in Suffolk County, New York

Are you looking for a child support modifications lawyer? Tired of paying too much to support your children? Attorney Jodi Ann Donato can help. She has been a lawyer specializing in child support modifications for over 25 years. With a child support modification lawyer, you’ll lower overpaid child support. Our Suffolk County child support modifications lawyer knows all the ins and outs. Don’t wait another day. Contact Donato Law firm today and schedule your free case evaluation today.

Why do I need a child support modifications lawyer in New York?

Child support modifications (or “modifications” for short) are a complicated and specialized area of law. It’s not something that can be handled without an attorney—so if you’re in the Suffolk County area and need help from a Suffolk County child support lawyer, please call us or fill out our contact form to make an appointment.

1. We Have the Expertise

Modifications are highly complicated—many rules and procedures are involved, and it’s easy to get confused or overlooked. You want to be sure that your modification has been handled correctly every step so that your case doesn’t take longer than it needs to. Having an experienced law firm on your side in this matter is essential.

2. We Get Results

We’ve successfully modified hundreds of cases at Donato Law Firm by reducing or increasing support payments. We’ll fight for what you deserve, whether you’ve been paying too much for too long or if you haven’t gotten what you need from your ex-spouse.

3. We work with you every step of the way

Having a child support modification lawyer in Suffolk County can make a difference in your future. At the Law Offices of Jodi Ann Donato, we work with you every step of the way to make sure the modification is done correctly, including: 

• reviewing the court papers for errors; 
• helping you understand what must be included and why it must be included;
• helping you gather all the information needed to fill out the paperwork; 
• making sure that the paperwork is filed correctly; and 
• representing you in court to argue for a child support modification. 

4. Our reputation speaks for itself.

Our sterling reputation starts with honesty, integrity, and dependability. We’ll never lie to you or mislead you to get your business, and once we take your case, we’ll never let you down by missing deadlines or failing to follow up on anything important.

We’ve helped countless people negotiate with their ex-partners and win. Our knowledge and experience help people get out of tens of thousands of dollars in child support payments every year. Regarding child support modifications lawyers in Suffolk County, trust is everything, which sets us apart from our competitors.

 

 

What are child support modifications?

Child support is a sum that a non-custodial parent must pay by a court to pay for a portion of a child’s costs, including housing, food, clothes, education, and so forth. Before and after a divorce, both parents are generally expected to support their children in the same manner as if their parents had not separated. However, how child support is determined and governed varies significantly between states. Therefore, the ideal person to help you with your request for child support modification is a lawyer in your state specializing in family law.

Eligibility for Child Support

As a parent, you may question if you are eligible to receive child support payments from your child’s other parent. The parent who does not have primary custody of the child typically makes payments to the custodial parent for their portion of the child’s expenses.

But what factors indicate who is eligible for child support? This article explores the factors that can impact a parent’s right to obtain child support payments.

Paternity has been established.

When a married couple has a kid, the married man and woman are assumed to be the child’s parents. That might not be the case for the father, but biological parentage cannot be determined without a DNA test. The husband has paternity rights and obligations as the presumed or putative father.

A paternity test can also be used to prove paternity. Either parent can request a DNA test by filing a court petition.

The Parent is the Custodial Parent.

A court order may name one parent as “custodial” (in the case of a divorce or a child custody dispute). That parent is the custodial parent in a home with just one parent (while the other parent has made no effort toward seeking custody).

The parent paying child support is typically referred to as the “custodial parent” however, child support laws might differ from state to state. The child is primarily physically in the custody of the custodial parent. The child spends more time with them. They primarily provide for the child’s daily needs (e.g., making arrangements for daycare, taking the child to school and social activities, etc.).

The parent who spends more time with the child is regarded as the custodial parent, even if the other parent has “joint physical custody” of the child.

Child Support Eligibility in Cases of 50/50 Shared Custody

Although it’s not typical, fully joint, 50-50 custody is possible.

Both parents may be regarded as custodial parents in shared custody cases if the child splits equal amounts of time living with each parent. In particular, if the parents’ salaries are comparable, neither parent may be made to pay the other. Alternatively, if there is a significant income gap between the parents, one of them may be forced to pay child support to the other.

Child Support and Unmarried Parents

Establishing the “paternity” of the child’s father in court may be the initial step in situations when unmarried mothers are seeking child support. The woman may need to file a lawsuit to establish paternity, typically done by genetic (DNA) testing if the father chooses not to do this freely. If the “putative” (or supposed) father declines to submit willingly to the testing, the court will order him to do so. The court will issue a child support order when paternity has been proven, much like in a divorce case.

How to Calculate Income for Child Support Purposes

The definition of “gross income” is included in each state’s child support standards. According to federal law, the non-custodial parent’s whole income and earnings must be considered when defining “income” at the very least. Thus, the term “gross income” is typically used to refer to all forms of income, including but not limited to:

• salaries and wages (including deferred compensation, severance pay, profit sharing, commissions, bonuses, and tips);
• earnings from extra hours worked and second employment; earnings from contracts; earnings from investments and interest (including dividends);
• pension payments;
• revenue from a trust or estate;
• Annuities
• Gains in capital, unless they are one-time gains;
• Social Security benefits;
• VA benefits
• fringe benefits for military personnel;
• drill salary for the National Guard and Reserve;
• benefits obtained in lieu of wages (such as compensation for injuries sustained on the job, unemployment benefits, strike wages, and disability insurance payments);
• gifts and prizes (including profits from lotteries and gaming);
• grants for education (including fellowships or financial aid for living expenses);
• income from a new spouse, to the extent that it directly lowers parent-related expenses;
• Alimony obtained from a person other than the other spouse in the present situation; and
• Self-employment income (including rent, royalties, and benefits allocated to an individual for a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor).
• Income includes non-cash benefits such as free accommodation, use of the company car, and expenditure reimbursements when these fringe benefits lower daily living costs.

Child support guidelines generally include any source of funds accessible to the parent, considering all possible income sources.

What is covered under child support?

Child support is often only meant to pay for a child’s necessities, such as clothing, housing, and food. However, some states permit the payment of child support to cover a wide range of costs, such as basic needs, medical expenses, educational costs, childcare costs, travel and transportation costs, entertainment costs, extracurricular expenses, and college expenses.

What Should I Expect During a Hearing to Modify Child Support?

Typically, a hearing for child support modification is performed when a change in circumstances requires a new payment amount. These life events can include a loss or change in marital status, a change in employment, or a major injury. The amount of payment will be modified entirely by the judge, meaning that the non-custodial parent cannot modify the amount of child support without a court order. The hearing will be held between a judge, the parents, and any retained attorneys. Therefore, please keep the children at home.

You may also be required to present the court with proof of your economic state, including income statements and tax records. If you hire a lawyer, he or she will present this evidence on your behalf.

Contact Our Suffolk County Child Support Modifications Lawyer Now!

Child support can be modified. We at the Donato Law Firm understand this, and we specialize in working with you to get a reasonable child support modification that works for both parents. We know how stressful it is not to be able to provide the best life possible to your child or children. 

Contact us and see if we can help make a difference in your life and the life of your child or children. We are always looking to provide our clients with the best legal representation. We would love to work with you if you face a divorce or have other family law disputes. 

Our initial consultations are free and confidential, so why not schedule one? Call our Suffolk County family law attorney now!