When you have questions about child support, our Queens child support attorneys can help you work to establish the proper child support amount in your case. Ensuring a proper child support award can help you support yourself and your children. Whether you pay child support or receive it, when you work with our Queens child support attorneys, you can have the assurances to know that your child support order is accurate based on your income and based on New York law.
Child support in Queens is based on New York law. It’s determined based on the income of the non-custodial parent. The court takes the paying parent’s income into account, and it also considers the number of children involved in the case.
Queens child support orders should be based on the New York child support formula. In theory, the child support award should be the same no matter what judge hears your case. However, you need to ensure that the judge has the information that they need to make the right determination. You need to ensure that the judge has accurate information about your income in order to arrive at the correct amount.
A child support determination is based on the number of children involved in the case. It’s a percentage of the paying parent’s income. For example, the paying parent pays 17 percent of their income if they have one child in the order. That figure increases incrementally for each additional child that the parents have in common in the case. The amounts are due monthly until each child reaches the age of majority.
Child support isn’t just an amount of whatever a parent happens to make in that month. Instead, it’s a flat amount per month determined by the court based on average income. Even if the income of the parent fluctuates a little bit from month to month, the monthly payment amount stays the same. It’s important that the court establishes a realistic amount of child support based on the actual resources of the parent. A parent whose income changes monthly or seasonally may need to provide a great deal of evidence to the court in order to help the court arrive at the right decision.
If the paying parent has high income, there’s extra work to do in a child support case. In cases where the paying parent makes $148,000 or more each year, the court has discretion about what to order for a child support award. Up to the $148,000 amount, the child support percentages are presumed to amount to the needs of the child. Beyond the $148,000 amount, the court has discretion about what child support amount to order each month.
In cases where a parent has high income, it’s important to address both the child custody order and the child support order in order to ensure that the court awards an amount that’s appropriate based on the needs of the child. The court may hear evidence from both sides in order to determine the needs of the children. It’s critical to work with your Queens child support attorneys in order to gather evidence of income, the needs of the children and the lifestyle of the children to this point in their lives. Although child support is for the needs of the children rather than for the needs of the parent who receives it, the court is not offended by an incidental benefit to the recipient parent.
You may need the help of our Queens child support attorneys to modify your child support payment amount. When circumstances change, either parent can ask the court to revisit the child support award. If the paying parent’s income changes, if there’s a change in custody or if there are special unique circumstances that may be relevant to the case, the court can hear the circumstances and decide what’s best. A modification of child support begins when one of the parties makes a motion to the court to change the child support amount. Our child support attorneys in Queens can help you draft the documents that you need in order to modify your child support award.
The child support order in your case can have a big impact on your finances and the welfare of your children. When you need help with the child support order in your case, our attorneys can help. Contact our team today in order to discuss your case.
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