Best Child Support Lawyers in Brooklyn

About Child Support Law in Brooklyn, United States

Child support in Brooklyn is governed primarily by New York State family law and is handled through Kings County Family Court or, in divorce cases, through the Supreme Court. The goal of child support is to ensure that a child receives financial support from both parents, based on their incomes and the child's needs. New York uses the Child Support Standards Act - CSSA - to set guideline amounts for basic child support and allows additions for health insurance, child care, and other necessary expenses. Orders can be established, enforced, and modified by the court, and there are administrative enforcement tools available through state and city child support agencies.

Why You May Need a Lawyer

Child support cases often involve more than simple payment arrangements. You may need a lawyer if you are facing any of the following situations:

• Disputed paternity - if parentage is not established or is contested.
• Complex income issues - self-employment, inconsistent income, bonuses, commissions, or income from multiple sources.
• High-conflict cases - where the other parent contests support, custody, or enforcement actions.
• Requests for deviation from guideline amounts - when one parent seeks a higher or lower amount due to special circumstances.
• Enforcement and contempt - if the paying parent fails to pay and the case needs aggressive enforcement, including wage garnishment or license suspension.
• Interstate cases - when the other parent lives in another state or there are questions about jurisdiction under UIFSA.
• Modifications - when income changes or circumstances change significantly and you need a formal change to the order.
• Public assistance cases - when child support is being pursued by a government agency on behalf of a custodial parent receiving benefits.

Even if you plan to represent yourself, an initial consultation with a lawyer can clarify your rights, likely outcomes, and procedural steps.

Local Laws Overview

Key aspects of child support law relevant in Brooklyn include:

• Guidelines and percentages - New Yorks CSSA sets basic child support as a percentage of combined parental income. Common guideline percentages are 17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and at least 35 percent for five or more children. These percentages apply to combined parental income up to a statutory cap set by state law. Courts may deviate from the guideline for good cause with written findings.
• Definition of income - Income for support purposes can include wages, salaries, bonuses, commissions, severance, unemployment, self-employment earnings, interest, dividends, and other forms of compensation. Courts will look at available income and potential earning capacity when a parent is voluntarily underemployed or unemployed.
• Additions to basic support - Health insurance premiums for the child, reasonable child care costs necessary for work or training, and certain unreimbursed medical expenses are typically added to the basic support obligation or allocated between the parents.
• Duration of support - Courts set the duration of support in the order. In family court and many divorce cases, support can continue until the age specified by the court or by statute. The court may also address college support or other post-minor needs in specific circumstances.
• Establishing paternity - A legal determination of parentage is often required before the court can order support. Paternity can be established by voluntary acknowledgement, by DNA testing, or by a court order.
• Enforcement tools - New York uses income execution orders to withhold wages, tax refund intercepts, passport denials, suspension of drivers or professional licenses, liens on property, and contempt proceedings to enforce payment. Interest and penalties on overdue amounts can apply under state law.
• Modification - Either parent can request a modification for a substantial change in circumstances. The court will consider the change in income, cost of living, or other relevant facts to adjust support.
• Interstate enforcement - The Uniform Interstate Family Support Act - UIFSA - governs interstate support cases, allowing orders from other states to be registered and enforced in New York.
• Public assistance assignment - If the custodial parent receives public assistance, the right to child support may be assigned to the agency, which will pursue collection on the agencys behalf.

Frequently Asked Questions

How is child support calculated in Brooklyn?

New York uses the Child Support Standards Act - CSSA - to calculate basic child support as a percentage of the parties combined parental income, applied up to a statutory income cap. Additional costs such as health insurance premiums and child care expenses are usually added or allocated between the parents. The court can deviate from the guideline if there is a documented reason that application of the guideline would be unjust or inappropriate.

What if paternity has not been established?

If paternity is not established, the court cannot usually order child support against the alleged parent until parentage is determined. Paternity can be established voluntarily through a signed acknowledgment, or by filing a paternity petition and obtaining a DNA test or court determination.

Can child support be changed after an order is entered?

Yes. Either parent may petition the court for a modification if there has been a substantial change in circumstances, such as a significant change in income, loss of employment, or major change in the childs needs. Temporary adjustments may be available pending a full hearing.

What happens if the paying parent does not pay?

Local courts and enforcement agencies can use a range of enforcement tools, including income withholding orders, contempt proceedings, tax refund intercepts, license suspensions, liens, and criminal or civil penalties. The state child support agency may also take administrative steps to collect arrears.

Do I need a lawyer to file for child support?

You do not necessarily need a lawyer to file for child support; many people use Family Court self-help centers, forms, and legal aid resources to proceed pro se. However, you should consult a lawyer if your case involves complex income issues, contested paternity, interstate enforcement, requests for deviations from the guideline, or enforcement and contempt matters.

How does New York treat income for self-employed parents?

For self-employed parents, the court looks at net income after reasonable business expenses, but may also impute income based on earning capacity if a parent has underreported earnings or taken actions to reduce reportable income. Keeping organized financial records is important when negotiating or litigating support.

Will child support affect custody or visitation decisions?

Child support and custody are related but separate legal issues. Courts consider the childs best interests for custody and visitation determinations. A parent cannot withhold support because of a custody dispute, and support orders are enforceable regardless of custody allocations.

Can parents agree to a private payment arrangement instead of a court order?

Parents can agree to private payment arrangements, but those agreements may not be enforceable as easily as a court order. If the custodial parent receives public assistance, private agreements are usually not allowed because the agency has a right to support. For long-term security, it is generally advisable to reduce any agreement to a court order or to have it incorporated in a judgment of divorce.

How long does child support last in New York?

The duration of child support depends on the court order and applicable law. Courts commonly include terms that extend support until the age specified by statute or the court. The exact duration can vary by case and whether the child is considered emancipated. If you expect support to continue past the childs majority, such as for college expenses, that should be addressed in the order.

Where do I go to start a child support case in Brooklyn?

Most child support proceedings in Brooklyn begin in the Kings County Family Court. You can also contact the local child support enforcement unit or the New York State child support office to request services. If you qualify for public assistance, the agency may open an enforcement action on your behalf.

Additional Resources

Useful organizations and agencies for child support matters in Brooklyn include:

• Kings County Family Court - the local Family Court where child support and paternity petitions are often filed.
• New York State Office of Temporary and Disability Assistance - this state agency administers child support services and enforcement programs.
• New York City Human Resources Administration - local child support enforcement services and public assistance coordination.
• New York State Unified Court System - Family Court information and local court rules.
• Legal Aid Society and local legal services organizations - offer free or low-cost representation for eligible residents.
• Brooklyn Bar Association - lawyer referral and modest means programs to help find affordable counsel.
• Community mediation and family dispute resolution programs - for parties seeking negotiated agreements or custody-support packages without full litigation.
• State and local self-help centers - for court forms, filing guidance, and procedural information.

Next Steps

If you need legal assistance with child support in Brooklyn, consider the following practical steps:

1. Gather documentation - recent pay stubs, tax returns for the last two to three years, proof of health insurance costs, child care bills, public assistance records, and any prior court orders.
2. Establish or confirm paternity - if paternity is not already established, consider signing an acknowledgment if appropriate or filing a paternity petition.
3. Contact the local Family Court or child support office - ask about filing procedures, forms, and whether public enforcement services are available to you.
4. Get a consultation - speak with a family law attorney to understand likely support calculations, your rights, and potential outcomes. Use modest means or legal aid services if you have limited resources.
5. Consider alternative dispute resolution - mediation or negotiated agreements can save time and expense and may produce workable plans tailored to your situation.
6. Act promptly on enforcement - if payments are overdue, document missed payments and contact enforcement authorities early to prevent accumulation of large arrears.
7. Keep records and communicate - maintain clear records of payments and communications, and notify the court or agency promptly of material changes in income or circumstances that may justify modification.

Child support issues can be emotionally and financially stressful, but understanding the local procedures and your legal options will help you make informed decisions. Seek professional legal advice when the case involves contested facts, complex income issues, interstate matters, or enforcement litigation.