Child Support Lawyer in East Islip, NY
Going through a divorce or legal separation can be overwhelming and disheartening. However, if a divorce involves children, a significant parenting concern is who shall pay child support. This is where an experienced New York child support lawyer can provide legal help.
It can be pretty challenging to understand how to calculate child support and how courts establish and enforce a child support agreement. Additionally, not many are aware that New York Child support orders are frequently adjusted to reflect the current cost of living.
A local family law attorney experienced with divorce and family law cases can respond to the legal questions. Our dedicated East Islip, NY family law attorneys have helped struggling married couples deal with child support cases. Call our child support lawyers at 631-920-3848 to know how we can assist you with your child support order
Child Support in New York
Federal child support laws are meant to protect both the one paying and the one collecting child support. You must note that the court has jurisdiction to enter child support orders for children until they become 18 years old. However, if they are still in school at this time, the support will end either on their graduation or 19th birthday.
In both uncontested and contested divorce cases, the best interests of the child are given top priority. In most cases, parents wish to emotionally and financially support their children, even after a dissolution of marriage. However, if your ex-spouse refuses to make child support payments ordered by the family court, it is highly recommended to seek legal advice.
Parents ought to fight for fair financial allotment for their children. Our trusted East Islip child support lawyers can help you know more about how child support is established, how the court can enforce a child support order, and how a custodial parent can collect overdue payments.
New York Child Support Laws
Child support guidelines may vary from state to state. In most child support cases, the main factors that determine the child support amount include:
- the percentage of time the non-custodial parent spends with the minor children,
- the gross amount of monthly income from each parent, and
- other applicable deductions.
Given ideal circumstances, divorcing parties are open to discussing, negotiating, and compromising to arrive at a fair agreement. In reality, however, this is more an exception to the rule.
If you have problems with an ex-spouse who is not paying child support or needs assistance for child support enforcement, give us a call. A seasoned child support lawyer who knows the twists and turns of New York divorce and family laws can answer your legal questions.
Establishing and Modifying Child Support Orders
Through the Office of Temporary and Disability Assistance, the Division of Child Support Enforcement (DCSE) enforcing child support orders. If the parents were never married or child support arrangements were not part of a divorce or separation agreement, DCSE can help establish support orders. If circumstances require a change in child support payments, they can also help modify a child support order.
Most of the time, this would involve:
- Garnishing wages
- Suspending a driver’s license
- Placing a lien against properties
- Reporting to the credit bureau
- Intercepting unemployment insurance, lottery winnings, tax refunds, and
- Denying a passport
Child support payments are remitted to the non-custodial parent’s local Child Support Enforcement Unit’s (CSEU) Support Collection Unit (SCU). The latter then disburses the child support payment to the custodial parent. Call us at Donato Law and speak with a hands-on New York child support lawyer.
Child Support Enforcement in New York
In general, child support is deemed payable to another parent after establishing paternity or if a child is adopted. Keep in mind that there is a presumption of parentage in a divorce action, and the couple who had a child while married are presumed to be the biological parents of the said child. However, there are also cases when paternity action is pursued.
In the background, the DCSE can also help establish paternity by obtaining a court order for a paternity test. You must first establish legal paternity for the child support process to begin. Through IRS data, credit bureaus, and new hire reporting directories, they can also help locate the parent responsible for child support, particularly non-custodial parents who have been lost from the system. This can even include determining the noncustodial parent’s ability to pay child support.
As stated above, an alleged father has a right to a genetic paternity test, where a laboratory compares swab samples from both the child and the parent. Genetic markers are used to either match or exclude the alleged father. Our experienced East Islip NY child support lawyers can help you as you go through your child support case.
How to Calculate Child Support Payments
In general, gross income includes:
- Wages, salaries, and bonuses,
- Royalties, rent, and commissions,
- Dividends and interests
- Pensions, annuities, and trust income,
- Social Security benefits, and disability insurance benefits,
- Unemployment benefits and workers compensation benefits;
- Spousal support received from an individual who is not part of the child support proceedings.
Economic Considerations for Child Support
Additionally, it is essential to keep in mind that the court can order an unemployed parent to make job contacts. Upon determining that a parent has the opportunity and ability to earn income, the court can impute or assign an income amount to a parent (for calculating child support). This is even though such income is not being earned.
Seek legal advice from experienced East Islip child support lawyers who can explain these further. Call us at 631-920-3848 to schedule a consultation today!
Factors Affecting Child Support Calculation
Few are aware of the impact of child custody and parenting time on the guidelines for child support. It would be good to remember that the guideline formula considers the total time that the child spends with each parent.
The parent who received full custody is spending more money caring for that child. This would mean that if both parties have the same income, the parent who spends less time caring for the child would likely have to make child support payments.
Consult a Child Support Lawyer in East Islip, NY
For legal assistance on filing or bringing child support cases to court, connect with our East Islip child support lawyers by calling us at 631-920-3848.
Contact our New York divorce and family law firm today if you have any legal questions related to the above. We have the skills and experience you need to determine the best path to take, with your best interests always in mind. Our East Islip NY child support attorneys can provide legal help and guide you as you evaluate your options.