Receiving or paying for child support is usually a problematic process regardless of where you live in the U.S. Each state in the United States implements its regulations and rules that guide how you can make payments, seek help or file for such a case. As an NYC resident, here is what you should know about how child support attorneys work to protect your interests.
The general law practice entails representing clients amidst legal battles, drafting legal paperwork, and giving legal advice. In New York City, the requirements for child support lawyers include a Juris Doctor degree earned from a law school accredited by the American Bar Association and passing the New York State Bar Exams. An attorney should have obtained a license from and gained admission to the New York Bar.
For an attorney to handle child support cases in NYC, she or he must have taken a legal specialty certification course in family law. This course is offered by the National Board of Legal Certification. This individual must have also completed 32 credit hours of continuing education for license maintenance as mandated by the New York Court System. New lawyers are required to take the continuing education during the first two years of legal practice.
Laws Pertaining Child Support
According to the Social Security Act, each U.S. state is permitted to enact and implement its child support calculation model. The act also mandates each state to publish correct guidelines for this model after at least every four years.
The three models used to calculate child support payments that U.S. states follow include the Melson Formula, Income Shares, and Percentage of Income. New York state uses the Income Shares model, which asserts that parental support provided to an offspring should be the same as that provided by parents who live together. It also states that both parents contribute approximate shares of their income to raise the child. The parent with higher income is also mandated to pay more for the support.
How an Attorney Can Help
You should hire a private practice attorney to assist you in establishing or enforcing a child support order. This attorney can also help you especially when you have disagreed with your ex-partner regarding your kid’s concerns. Child support agencies, which are recommended by the federal law do not handle spousal issues regarding child support. Private practice attorneys can best handle matters such as child visitation and custody with a specialty in family law.
A competent attorney should guide you in filing the required paperwork with the judicial system to obtain a child support order. Your attorney can offer you with the assistance of locating your ex-partner and legally serving him or her with a notice stating your interest in a child support order. The notice should also indicate that you want to draft income that your ex-spouse earns.
Specialized software programs are essential in calculating child support payments. Your attorney can advise you on the necessary financial details required to determine the amount your ex-needs to pay for the obligation. After finding out how much should be paid for your kid’s parental support, following up on these payments can be overwhelming.
Enforcement Remedies for a Noncompliant Spouse
If your ex-spouse declines to pay his or her share, you can rely on the court system or child support office to enforce the order. A private practice lawyer could also obtain garnishment orders for the same, especially if your ex-spouse is employed. The lawyer can file a case against your ex for not abiding by the child support order issued by the court. Other enforcement remedies that the lawyer could pursue include placing holds on passports and intercepting tax refunds.