Long Island Child Support Lawyers
Understanding Child Support Obligations in New York State
A divorce can be a very difficult time in a person’s life. Sometimes it can take a few weeks to get everything ironed out, or it can take months depending on a number of factors. In the case where the couple has children, child support is very important. A child needs food, clothing, a place to live, education and other things once the parents are divorced. The non-custodial parent is usually the person who pays child support. In the state of New York, child support is paid until the age of 21. This also includes the child’s healthcare. If you are in a divorce, ask an attorney about your child support obligations.
In New York state, child support is an obligation expected by both parents. However, only one will actually paid out to the non-custodial parent. The state of New York tries to be fair as humanly possible, but it is an issue of what is equitable. Like many other states, New York has a child support calculator that determines how much the non-custodial parent will be paying out monthly. The child support chart is designed for determining payments for individuals earning more than $143,000 per year.
According to the chart, the non-custodial parent will pay:
- 17% of combined parental income for 1 child
- 25% of combined parental income for 2 children
- 29% of combined parental income for 3 children
- 31% of combined parental income for 4 children
- A minimum combined income of 35% for 5 children or more.
There are times when the child support can be lowered or raised due to certain factors. This is the reason why people get very nervous about child support. Any individual expected to pay child support should seek out the counsel of an attorney to give them a better understanding of how child support is distributed. Without benefit of a divorce attorney, you could be paying out a lot more than the what is on the chart. A defense attorney can speak with the judge so they will have a understanding of what you can afford.
There are a number of non-custodial parents who are barely living check to check. In cases like this, the judge may order a cap. For instance, if you are only bringing home a $100 per month, your payments could be capped at $25 monthly. Both parents have the right to have custody payments modified based on the increase of decrease in salary. Once the judge has issued a child support order, you are responsible for paying it. Neglecting a direct order to pay child support could land you in jail or you could get fined.
If you are getting divorced and need to know more child support payments, call on a professional who has a solid experience. Only they can guide you through the appropriate steps to ensure you receive fairness. A good child support attorney knows all of the rules and regulations. Once you get into a courtroom, they will leave no stone unturned to help your defense.
The best thing you can do is find a skilled child support attorney today to help you understand your rights. Never walk into a hearing or courtroom alone. Let an experience attorney help you navigate your case today.