Best Child Support Lawyers in Buffalo

About Child Support Law in Buffalo, United States

Child support in Buffalo, New York, United States is governed primarily by New York State law and is enforced and adjudicated through family courts and state support enforcement agencies. The goal of child support is to provide financial support from both parents to meet a childs reasonable needs for food, clothing, housing, health care, education, and other ordinary living expenses. Calculations generally follow the New York Child Support Standards Act - a formulaic approach that considers parental income and the number of children. Family Court in Erie County handles most child support orders, paternity cases, modifications, and enforcement actions within Buffalo.

Why You May Need a Lawyer

You may want a lawyer if you are establishing paternity, negotiating or contesting a support order, seeking to modify an existing order, or facing enforcement actions for arrears. Lawyers help interpret the Child Support Standards Act, prepare accurate financial affidavits, and argue deviations from guideline amounts when appropriate. They can advise on complex income issues such as self-employment income, bonuses, overtime, and income from shared custody situations. If the other parent lives out of state or there are allegations of fraud, relocation, substance abuse, or violence, a lawyer can protect your rights and pursue interstate enforcement under the Uniform Interstate Family Support Act - UIFSA.

Other common reasons to retain counsel include preparing for contempt proceedings, handling child support for adult children who are full-time students, negotiating lump-sum settlements, and coordinating support issues with divorce, custody, or public assistance cases. If you cannot afford a private attorney, there are free and low-cost legal aid organizations and court-based assistance programs in Erie County that can help.

Local Laws Overview

Key aspects of local law that affect child support in Buffalo include the following.

Statewide guideline formula - New Yorks Child Support Standards Act establishes a percentage-based guideline that applies to combined parental income up to a statutory cap. The percentages vary by number of children and are applied to the combined parental income to determine a basic child support obligation, which is then apportioned between parents based on their relative incomes.

Income considerations - The courts include wages, salaries, commissions, bonuses, pension and retirement income, unemployment benefits, and certain other earnings. Self-employed parents need to document business income and allowable deductions. Courts can impute income when a parent is voluntarily underemployed or unemployed to avoid support obligations.

Adjustments and mandatory add-ons - The guideline amount can be adjusted for the cost of health insurance premiums for the child, child care costs necessary for employment or education, and unreimbursed medical expenses. The court may also deviate from the guideline amount when appropriate, based on factors such as extraordinary medical or educational needs, shared custody arrangements, or high parental income that makes guideline support unreasonable in the familys circumstances.

Duration of support - Support for a child in New York typically continues until the child turns 21 if the child remains unemancipated. There are circumstances where support may end earlier or continue for adult children who are dependent and full-time students, but post-secondary support is not automatic and often requires specific court orders or agreements.

Paternity - Establishing paternity is a prerequisite for obtaining support from a biological father who is not married to the childs mother. Paternity can be established voluntarily by signing a paternity acknowledgment or through DNA testing and a court order.

Modification - Either parent can seek modification of a child support order based on a substantial change in circumstances, such as a significant change in income, loss of a job, new healthcare expenses, or a change in custody time. Modifications require a court filing and proof of the change in circumstances.

Enforcement - Erie County and New York State have multiple enforcement tools for unpaid support, including income garnishment, interception of tax refunds, suspension of drivers licenses and professional licenses, reporting to credit bureaus, lottery winnings intercepts, and contempt of court proceedings which can lead to fines or jail. State and county child support enforcement units can pursue many measures on behalf of custodial parents, and will do so automatically in many public assistance cases.

Interstate cases - If a parent lives outside New York, UIFSA governs interstate support matters, allowing orders from other states to be registered and enforced in New York, and vice versa. Child support agencies assist with interstate cooperation.

Frequently Asked Questions

How is child support calculated in Buffalo?

New York uses the Child Support Standards Act formula. The combined parental income is determined and then a set percentage based on the number of children is applied to reach a basic support obligation. That obligation is divided between parents in proportion to their incomes. The court then adds reasonable costs for health insurance, child care needed for employment, and unreimbursed medical expenses. The judge may deviate from the guideline in certain situations.

Who is responsible for paying child support?

The noncustodial parent typically pays child support to the custodial parent or guardian. Both parents have a continuing obligation to support their child proportionally based on income. If paternity has not been legally established for a father, an order for paternity may be necessary before a support order can be entered.

How do I establish paternity?

Paternity can be established voluntarily by both parents signing a paternity acknowledgment, or through the court process which may include genetic testing. If paternity is contested, the Family Court can order DNA testing and then enter a support order once paternity is legally established.

Can I change a child support order if my income changes?

Yes. Either parent may petition the court for a modification if there is a substantial change in circumstances, such as a significant increase or decrease in income, job loss, or major changes in the childs needs. You will need to show the change and request a modified support calculation. Temporary emergency relief may be available in some urgent situations.

What happens if the paying parent refuses to pay?

Nonpayment can lead to enforcement actions. Common steps include wage garnishment, interception of tax refunds, suspension of drivers and professional licenses, bank account levies, contempt proceedings which can result in fines or jail, and reporting to credit agencies. The local child support enforcement agency can assist with many of these remedies.

Does child support stop if the child turns 18?

Not automatically. In New York State, child support typically continues until the child turns 21 if the child remains dependent and unemancipated. Support may end earlier if the child becomes emancipated. Also, orders relating to post-secondary education support are not automatic and require specific court orders or agreements.

How are healthcare and childcare costs handled?

The court expects parents to share the cost of health insurance for the child. The cost of premiums, co-payments, and unreimbursed medical expenses can be apportioned between the parents. Reasonable child care expenses necessary for a custodial parent to work or attend school are also added to the child support obligation and divided between parents according to their income shares.

Can a parent be jailed for not paying child support?

Yes. Persistent willful refusal to pay court-ordered child support can lead to a contempt of court finding, and the court has the authority to impose jail time as a coercive sanction. Courts typically use incarceration as a last resort after other enforcement methods have been tried, but it remains a possible outcome in serious cases.

What should I bring to court for a child support hearing?

Bring proof of income such as pay stubs, tax returns, W-2s, 1099s, business profit-and-loss statements if self-employed, and documentation of benefits. Also bring proof of child-related expenses such as health insurance premiums, medical bills, childcare bills, school and activity expenses, and a record of any support payments already made. A completed financial statement or affidavit required by the court will be helpful.

How do interstate child support cases work if the other parent lives in another state?

Interstate cases are handled under the Uniform Interstate Family Support Act - UIFSA. Support orders from another state can be registered in New York for enforcement, and New York orders can be enforced in other states. Child support agencies and courts coordinate across state lines to handle paternity, establishment of orders, and enforcement actions.

Additional Resources

Erie County Family Court - handles child support, custody, visitation, and paternity cases in Buffalo.

Erie County Support Collection Unit - local office that assists with collections, enforcement, and disbursement of child support payments.

New York State Office of Child Support Enforcement - oversees statewide policy, guidelines, and interstate cooperation under UIFSA.

NYS Unified Court System - Family Court self-help centers and forms are available for people representing themselves.

Legal Aid organizations in Buffalo - for low-income parents who need free or reduced-fee legal representation and advice.

Local mediation and parenting coordination services - for parents who prefer negotiated agreements outside of litigation.

Community-based family services and social service agencies - for assistance with public benefits, child care subsidies, and referrals related to child support matters.

Next Steps

1. Gather your documents - Collect pay stubs, tax returns, bank statements, health insurance information, childcare invoices, and any existing court orders or agreements. Accurate documentation will support your case and help calculate fair support.

2. Contact the appropriate agency - If you need help collecting or enforcing support, contact the Erie County Support Collection Unit or the New York State child support office to register your case. If you receive public assistance, the agency may initiate enforcement on your behalf.

3. Consider legal advice - Schedule a consultation with a family law attorney, legal aid provider, or court self-help center to understand your rights and the likely outcome based on your situation. A lawyer can help prepare filings, represent you in court, and negotiate agreements.

4. File the necessary paperwork - To start or change a support order, you may need to file a petition or motion with Erie County Family Court. Make sure forms are complete and filed on time, and keep copies of everything you submit.

5. Explore alternatives - Mediation or collaborative law can be cost-effective alternatives to court if both parents are willing to negotiate. These methods can produce tailored agreements and reduce conflict.

6. Stay proactive about enforcement - If payments are late or stopped, act quickly. File enforcement motions, seek income execution, or request the support unit intervene. Delays can make collecting arrears harder.

If you are unsure where to start, reach out to local court self-help services or a legal aid organization for an initial screening. Getting early, accurate information will help you make informed decisions and protect your childs financial security.