Child Support

Seeking a Child Support Modification with a New York Child Support Lawyer

child support modFor many people, divorce is a distant and abstract situation they never expect to be in.  It is something that happens to other people, or to characters on the screen or in the pages of a novel, where it is often presented as something neat and tidy: You file, go through a process, and then it is over forever, your marriage and divorce something that happened long ago, to a different version of yourself.

However, the reality is more complex: Divorce is a chapter, but you continue to be connected to your former spouse – and this is especially true if you have children together.  In fact, it is very common for the initial child support order to be outgrown as your situation and circumstances change over time.  When the time comes to seek a modification of your child support order, your first step is to contact a qualified and experienced New York child support lawyer.

Support Modifications

There are many reasons why you might wish to have your support order modified: You might have suffered a job loss or other income adjustment.  Your spouse may be making more money.  Your health or other circumstances may have changed.

Whatever the reason, the process of requesting a modification begins with consultation with your child support lawyer in New York, who can help you to understand the process and procedures and begin gathering the data that will be required by the court to substantiate your claims and the underlying support for your request.

Keep in mind your former spouse will have his/her own lawyer and will have the opportunity to refute or argue against your requests.  No matter how sincere your belief that the order should be modified, the court may disagree.

Contact our office at 646-472-7971 to speak with an attorney who can get you started and determine whether such a modification is appropriate in your circumstances.

Consulting a New York Child Support Lawyer about Adult Children

11368249_sOne of the most inconsistent aspects of the law in the United States is the age of adulthood. The age at which people can consume alcohol, get married, vote in elections, serve in the military, and be treated as adults under the law vary widely from state to state, often resulting in confusion and differing concepts of what “adulthood” really means.

One extremely confusing scenario is after a divorce when one parent is ordered to pay child support to the other. One of the most common questions posed to a New York child support lawyer will be a variation on “what happens when the child turns eighteen, and is regarded as an adult by a great many measures? Does support automatically stop?”

Twenty-One

In the state of New York, the answer a New York child support lawyer will give is “no,” the support does not stop. Under New York law, a child is entitled to support from their non-custodial parent until they reach the age of twenty-one. As a result, even if your children reach the age of eighteen and are technically adults, you will be required to continue making support payments as you have been.

Exceptions

There are some exceptions to this rule that a New York child support lawyer can explain. If the child is under 21 years of age, but is

  • Legally married
  • Self-supporting from job income or other income
  • Serving in the military

Then it is possible to have the child declared “emancipated.” When a child is declared emancipated, they are not yet considered adults but are no longer eligible for support, and the parent can petition to have the support order lifted. Once lifted, it will not be put back in place.

Factoring Cost of Living Adjustments into Your Child Support and Parenting Plan

child supportEvery twenty-four months the Child Support Enforcement (SCE) program, established to maintain state-wide child support enforcement laws automatically reviews each child support order. 

What many separated couples remain unaware of however is the fact that this adjustment can be made without the support of a court magistrate.  Additionally, for orders paid to those who are on public assistance the review is done automatically. 

In general, notice by the Support Collection Unit (SCU) will be sent to both parents though either can request a review and no financial information is required to do so.  As such, it is usually a good idea to factor any potential cost of living adjustments into your child support and parenting plan. 

Calculating and Adjusting the Support Amount

The court uses a standard guideline in New York when calculating payments of the non-custodial parent based on their adjusted gross income.  Afterwards, deductions relating to Medicare and Social Security are subtracted from that figure. 

The result is then multiplied by the standard percentage guideline according to the number of children involved.  These percentages are as follows:

 

  • 17 and 25 percent for one child and two children respectively
     
  • 29 and 31 percent for three and four children respectively, and
     
  • At least 35 percent in cases where five children or more are involved
     

The non-custodial parent's share of child care, medical, and educational expenses are added to the final figure and the base child support amount is determined. 

Rising costs of living are a fact of life and negatively impact people’s spending habits.  If you believe you are entitled to receive additional payment in the form of cost of living adjustments, you should take the necessary steps to factor this into your child support and parenting plan.  

What You Need To Know About Child Support Calculations

What You Need To Know About Child Support Calculations

Going through a child custody case,in New York and elsewhere, can generate many changes in your life including the payment of child support obligations.  Typically, a parent who has primary custody may be eligible for child support from the other parent to help pay for expenses.  If child support is ordered in your case, it will most likely be in place until the child turns 21 unless the child becomes emancipated.

There are three primary ways that child support in New York can be determined: using the income shares model, the percentage of income model, or the Melson formula model.  In the first scenario, the income of both parents is reviewed and a fixed percentage of that income is divided between the parents for financial maintenance.  The percentage of income model only reviews the non-custodial parent’s income to determine a percentage, and the Melson formula model accounts for increases in either parent’s standards of living. 

The court analyzes numerous factors in order to determine the appropriate amount of New York child support in a case.  These include health insurance expenses, mandatory retirement contributions, the tax filing status of each parent, how many children the parents have had together, the support children receive from other relationships, the cost of sharing daycare or uninsured healthcare costs, and how much time children spend with each parent. 

Furthermore, in New York, the court can allocate a portion of child support for non-recurring income to life insurance policies, gifts and inheritances, recovery of bad debts, discharges of indebtedness, and lottery winnings.  To better understand specific child support calculations and issues in New York, you need to consult with a New York family attorney as soon as possible.  Child support is a crucial part of your divorce and you should be informed.