Child Support Attorney NYC

Representation for Child Support Cases in New York

Are you a parent who is entitled to or obligated to pay child support? While child support laws are designed to benefit your children, disputes over what is fair can bring undue stress upon all parties involved. When you are faced with a child support issue, it is best to trust it to an experienced attorney. The New York City child support lawyers at Cohen Forman Barone are committed to working hard to deliver an outcome that is right for you and your children. Our experienced and aggressive representation can help protect your rights as a parent and secure the best interests of your children.

NYC Child Support Laws

Child support is governed by the New York State Child Support Standards Act (CSSA). Under this law, both parents are required to financially support their children until the age of 21 unless they are emancipated before then.

In most cases, the non-custodial parent is responsible for paying child support to the custodial parent. Child support payments are usually paid out monthly and are designed to cover basic expenses such as housing, food, clothing, and other necessities. Failure to pay child support can result in legal consequences, such as wage garnishment, driver's license suspension, and even jail time.

How Does New York Calculate Child Support?

Under the CSSA, the amount of child support is calculated based on both parents' income and the number of children they have.

The five-step formula for calculating NY child support is:

1. Calculate the combined income and each parent's income.
2. Determine each parent's pro rata share of the combined parental income.
3. Use the Child Support Standards Chart to discover the correct percentage of total income CSSA says should be devoted to child support:
   • 17% for one child
   • 25% for two children
   • 29% for three children
   • 31% for four children
   • 35% for five or more children
4. Consider other factors such as the cost for the child's health care, education, child care, or other expenses.
5. Calculate each parent's share.

What Can Child Support Be Used for in NY?

Contrary to common belief, child support can be used for more than just the basic necessities. There are a vast number of needs that child support can be used to cover.

Child support can be used for the following:

• Basic needs, such as food, shelter, and clothing
• Childcare
• Basic medical care
• Uninsured extraordinary medical expenses
• Educational expenses
• Entertainment
• Transportation and travel
• Extracurricular activities
• College expenses

It is unusual for a court system to monitor the use of child support funds. Such supervision is reserved for cases where a child’s basic needs are not being met. If this occurs, the court would intervene and require proof of proper use of the funds.

Can Child Support be Modified in New York?

Child support orders can be modified if there is a significant change in circumstances since the order was issued. Some of the significant changes that would be appropriate for a modification include:

• Change to either parent's income (either a promotion or loss of job)
• Change in the child's needs (such as sickness or a disability)
• Change in the child custody arrangement

The changes that warrant modification of child support are only those that are lasting and significant, not just a temporary or minor change.

Requesting Child Support Modification

To request a modification of child support in New York, the parent must file a petition with the court that issued the original child support order. The court will then review the petition and may schedule a hearing to determine whether a modification is appropriate.