Best Child Support Lawyers in New York

About Child Support Law in New York, United States

Child Support in New York is governed by state laws that aim to ensure that both parents financially support their children. Child support laws are in place to provide for the needs of the child and ensure that both parents contribute to their upbringing. These laws apply to all children under the age of 21 and cover various expenses, including education, healthcare, and daily living costs.

Why You May Need a Lawyer

While it is possible to navigate the child support process on your own, there are situations where hiring a lawyer can be beneficial:

• If you are unsure about your rights and obligations regarding child support.
• If you need assistance calculating child support payments accurately.
• If your former partner is uncooperative or refuses to pay child support.
• If you need to modify an existing child support order due to significant changes in circumstances.
• If you are facing enforcement actions, such as wage garnishment or license suspension, for non-payment of child support.

Local Laws Overview

Child support laws in New York consider various factors when determining the amount of support, including the income of both parents, the number of children, and the custody arrangement. The law follows a formula called the "Child Support Standards Act" (CSSA), which calculates child support based on a percentage of the noncustodial parent's income. Additional expenses, such as healthcare and education, may be added to this basic support obligation.

Frequently Asked Questions

1. How is child support calculated in New York?

In New York, child support is calculated using the CSSA formula, which takes into account the combined income of both parents and the number of children. The percentage of the noncustodial parent's income to be paid as child support ranges from 17% for one child to 35% for five or more children.

2. Can child support orders be modified?

Yes, child support orders can be modified if there is a significant change in circumstances. Examples of changes that may warrant modification include a substantial change in income, loss of employment, or a change in custody arrangements. It is advisable to consult with a lawyer to assess whether your situation meets the criteria for modification.

3. What happens if the noncustodial parent fails to pay child support?

If a noncustodial parent fails to pay child support, enforcement actions may be taken. These can include wage garnishment, interception of tax refunds, suspension of driver's licenses, or even contempt of court charges. It is important to seek legal advice if you are facing non-payment issues.

4. Can child support be requested retroactively?

Yes, in New York, child support can be requested retroactively. The retroactive period can vary, but generally, it can go back to the date of filing the child support petition. It is essential to consult with a lawyer to understand the specific rules and procedures related to retroactive child support.

5. Can child support be terminated before the child turns 21?

In certain circumstances, child support can be terminated before the child turns 21. Examples include if the child becomes emancipated, gets married, joins the military, or is legally adopted. Each case is unique, and it is advisable to consult with a lawyer to determine if your situation qualifies for early termination.

Additional Resources

For further information and assistance regarding child support in New York, you may find the following resources helpful:

• New York State Child Support Enforcement Unit: https://www.childsupport.ny.gov/
• Legal Aid Society: https://www.legalaidnyc.org/
• New York Courts - Family Court: http://www.nycourts.gov/courts/nyc/family/childsupport.shtml

Next Steps

If you require legal assistance with child support in New York, consider the following steps:

1. Research and identify reputable child support lawyers in your area.
2. Consult with potential lawyers to discuss your specific situation and get an understanding of their expertise and fees.
3. Select a lawyer who best fits your needs and budget.
4. Follow their guidance throughout the child support process.
5. Stay proactive and informed, providing any necessary documentation or information to support your case.