When couples divorce and children are involved, it makes a tough situation even tougher. This is especially true when it comes to the issue of child support, which inevitably will have both spouses disagreeing as to how much money will be needed to support the children. Because this is a topic that will always have emotions running high, it’s extremely important to enlist the services of Manhattan child support attorneys who have many years of experience handling difficult cases such as these. In doing so, you’ll find yourself having a knowledgeable legal professional who can negotiate terms for you that will be fair and equitable, allowing both you and your child to maintain a reasonable standard of living.
Calculating Child Support
Because child support payments are such a delicate issue in most divorce proceedings, calculating these payments must be done following strict guidelines. Fortunately, New York State has guidelines in place that make this process much easier for divorcing couples. Some of the criteria used to calculate child support payments include the income of each parent, how many children will need to be supported by the custodial parent, any medical needs of the children that require treatment or medications, and if there are healthcare costs for the children that may not be covered by insurance. While these details can be worked out in court hearings, it’s often best if both parents, along with their attorneys, can sit down and negotiate child support payment agreements before heading to court. By doing so, they can often have more flexibility regarding the terms of the agreement, making it more likely the non-custodial spouse will be better able to make their payments on a regular basis. For additional information about calculating child support, visit www.divorceattorneynyc.com/nyc-child-support-lawyers/.
Failing to Pay Child Support
Even though a non-custodial parent may be ordered by a court to pay child support each month, that may not happen for a variety of reasons. Whether that involves losing a job and not having the money to make the payments, or simply choosing to not make the payments because they feel as if the payment amount is excessive, the fact remains that the court expects the payments to be made on a regular basis. When this doesn’t happen, the non-custodial parent can be held in contempt of court, regardless of the reasons why the payments have not been made. While only missing one or two payments may result only in a warning from the court, multiple missed payments that accumulate into thousands of dollars can lead to possible jail time. To ensure child support makes its way to the child who needs it, courts have the authority to use a non-custodial parent’s tax refunds, gambling winnings, public assistance income, and other income sources to ensure payments are made. In some cases, the court may modify the child support agreement to make it easier for the non-custodial parent to make payments. However, in all situations, back support will still need to be paid. More information about this can be found at www.berkbot.com/practice-areas/child-support/.
Terminating a Child Support Order
In some instances, a parent will want to have a child support order terminated. However, many parents make the mistake of thinking these orders terminate on their own when the child reaches age 21, which is the maximum age in which a parent is legally required to provide financial support to a child. But since these orders do not automatically terminate, a parent must work through their attorney to ask the court to terminate the order. This is usually done based on a previous agreement the parents have with one another, and in most cases is granted by the court.
How an Attorney Can Help
If you are not receiving child support payments that have been ordered by a court, it’s crucial to hire a skilled child support attorney as soon as possible. Unfortunately, many custodial parents try to go this route alone, and that is a huge mistake. Because there are multiple methods attorneys and courts can use to force child support payments to be made, it’s imperative to let legal professionals handle these matters. Whether it’s issuing a summons for the non-custodial parent to appear in court to explain why payments are not being made, or choosing to confiscate tax refunds and other income sources to help make the payments, an experienced child support attorney can be the difference between getting the money you and your child deserve or going without food or medical care.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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