Child support is mandatary in New York State until a child reaches the age 21, or becomes emancipated through marriage, military service, or if the child becomes self-supporting through gainful employment. See Child Support Standards Act (CSSA).
In addition, if a child has special needs, child support will have to be paid until the child reaches the age of 26. See Domestic Relations Law §240-d; Family Court Act § 413-b.
New York courts divide child support into two separate categories: basic support and support for add-on expenses. (“add-ons”). Basic support concerns regularly monthly payments which are calculated pursuant to the CSS guidelines. Watch our child support video on the home page for a step by step walk though of how to calculate child support. Furthermore, add-on expenses will need to be paid by the non-custodian parent for certain expenses.
An application for child support can be filed in Family Court or Divorce Court. The non-custodial parent (the parent that the child does not primarily live with) pays the custodial parent child support. The New York City Department of Social Services provides and informative guide for non-custodial parents. If both parents evenly share physical custody, the higher earning spouse will be required to pay the lower earning spouse child support. If custody is in dispute, one parent will need to file a custody petition (in addition to a child support petition), so that the issue of custody can be determined by the court. In many cases, a child custody petition and a child support petition are filed simultaneously. Once child support is awarded it may be paid via direct pay by the employer, after a request to the court and an order.
We serve clients throughout Queens, to include, Astoria, Long Island City, Ditmars, Woodside, Middle Village, Flushing, Bayside, Rego Park, Jackson Heights, Corona, Jamaica, Elmhurst, Kew Gardens, Whitestone, Bayside, College Point, Bay Terrace, Great Neck, Kings Point, Port Washington, and all areas of Queens.
Child support is calculated based on the legislature’s child support guidelines in the CSSA (commonly called “the guidelines” or “child support formula”) based on the spouse’s income and the number of children. The primary consideration is the income of each spouse. The spouses will need to disclose their income to the court, and will commonly need to provide: i) last three years of tax returns; ii) last three pay stubs; and iii) most recent W2 statement. If a parent is not working an financial disclosure affidavit will need to be completed and submitted to the court.
The court will calculate child support using the child support formula which encompasses a variety of factors. Our video on the home page shows you step-by-step how to calculate child support. The child support guidelines provide an income cap that courts apply in most instances, that will cap a spouse’s income for the child support calculation purposes. The income cap goes up a few thousand dollars each year.
If maintenance payments (alimony) or spousal support is paid to a spouse, the child support amount will be reduced during the time period that maintenance is paid. This is because maintenance payments reduce the paying spouse’s income and increase the payee (receiving spouse’s income.) Watch our videos on the home page to learn more.
The non-custodial parent is required to pay the custodial parent certain child care costs, called add-ons to include: unreimbursed medical or dental expenses, day care costs, and health insurance premiums. In certain cases, additional add-ons will be required, such as after school programs, tutoring, summer camp, and other extra-curricular activities. Payment for these add-ons will be determined by the court based on the facts of each case. The payment for these add-ons is in additional to basic child support obligations paid monthly.
Contact Queens & Nassau Family Lawyers to learn more.
If your ex-partner is intentionally working below their earning capacity, the court will likely “impute” income to them. It is common for a Queens or Nassau court to deem that a healthy non-working spouse is capable of earning $30,000 per year — based on their potential to work (so long as they are not disabled.)
In cases, where a work history of higher earning potential is demonstrated, the court can impute higher amounts. A parent’s tax returns and resume can be used to demonstrate higher earnings capacity. If possible, try to obtain tax returns prior to filing for divorce so that you have these documents. The court may use resumes, work history, financial records, and tax returns to impute income tdddo a spouse in order to calculate child support.
In certain instances a spouse will conceal or under report income in order to lower their child support obligations. This can occur when a spouse operates their own business. In such circumstances, business and financial records must be closely examined to determined true income.
There are certain instances were a spouse conceals income or under reports income in an effort to reduce their child support obligations. This may be considered fraud and can result in severe sanctions. In situations where a spouse owns their own business, it is important to hire an attorney with business acumen who is able to interpret financial records and knows where to look to find hidden money or improper expenditures meant to reduce profits. An experienced child support attorney with business experience is vital in these instances. Queens & Nassau Divorce Lawyers and Family Lawyers are experienced with child support scenarios involving business incoming and imputing income to deal with dishonest parents who under report or hide their income. We can greatly improve your chances of finding true income and disclosing it to the court — so that child support is properly calculated.
Contact Queens & Nassau Family Lawyers for assistance with child support matters.
Child Support and Spousal Support can be applied for in the same petition in family court. Watch our video on the home page to determine how spousal support is calculated.
Once a divorce case is filed, “automatic orders” require that medical insurance remain in place, in addition to the payment of certain other expenses. In Family Court, a Judge can order that medical insurance be paid by a parent.
33-08 Broadway, Queens, NY 11106
you can be assured that:
You will receive one on one personal attention in your Child Support Case.
We have over 40 years combined family law experience in Astoria, Queens. We are the locals that know the ropes!
You are extremely important to us, which is why your calls will always be returned as a priority.
We are well known and well respected amongst locals in Astoria. We’ve been here a long time, and we’ll be here for you!
We can help you settle your matter without going to court, if it’s appropriate, or go into battle on your behalf. We are trial tested.