New York Child Support Lawyer

Concerned about child support? Eiges & Orgel, PLLC can help.

In the state of New York, the law requires each parent of a child to financially care for that child even if the parents are no longer living together or they have filed for divorce. During a divorce or legal separation, the issue of child support must be finalized. If you are not planning to divorce but no longer wish to live as a couple, it is wise to protect your rights with a separation agreement that clearly establishes child support obligations. If your divorce entails no disputes regarding this matter and the non-custodial parent is willing to pay per the guidelines of the law, you may proceed with your uncontested divorce.

Even in this case, a New York City divorce attorney from our firm can provide valuable guidance regarding what is required and to what you are entitled. In more complicated cases, issues such as paternity may arise, and your legal counsel can represent you throughout the process and advocate for your rights. The dedicated legal team at Eiges & Orgel, PLLC has been assisting clients with complex family law matters for more than 40 years, so you can trust that your case will be in capable hands when you come to us for help. Take the first step today by contacting our firm for a no-cost, comprehensive case evaluation: (347) 848-1850.

Child Support Isn't Just a Divorce Issue

Child support does not solely come up in cases of contested divorce, but can be agreed upon by both spouses outside of court, like in the case of uncontested divorces. In order to file for child support, one parent must submit a formal application to request it at which time the other parent will be served a summons in order to legally determine how much support they are responsible to pay. Again, uncontested divorces are for the purpose of avoiding the courtroom, which is why with the help of a New York child support attorney, child support stipulations can be reached outside of court.

How is child support calculated in New York?

In New York, child support is determined under the guidelines of the Child Support Standards Act (CSSA), and consists of two main elements: basic child support and "add-ons." Basic child support is calculated by multiplying both parents’ combined income by the appropriate child support percentage. This percentage is determined by the number of children that require financial support.

Currently, the child support percentage is fixed at:

  • 17% of the combined income for one child
  • 25% of the combined income for two children
  • 29% of the combined income for three children
  • 31% of the combined income for four children
  • No less than 35% for five children or more

The child support obligation that is subsequently determined would be divided between the parents based on their contribution to the “combined parental income.” If your income makes up 30% of the combined income, the other spouse would be responsible for paying the other 70% of the child support obligation. Payments would be made by the non-custodial parent to the custodial parent.

What if the other parent refuses to pay child support?

If your ex-spouse fails to pay support as required by a court order or divorce decree, an experienced divorce lawyer in New York can assist with child support enforcement actions. Under the law, the custodial parent has a right to this support, regardless of the status of child custody or visitation issues. If circumstances change, such as a material increase or decrease income, either party may petition for modifications to support. All of the same rules apply regarding child support when a same-sex marriage ends.

If I lost my job, do I still have to pay child support?

If your child support arrangement is no longer practical, either because you have fallen ill, lost your job or experienced a dramatic decrease in income, you have the option to request a modification from the court. However, it is important to understand that you cannot petition the court for a decrease simply because you are having difficulty making your payments each month. You must be able to show that a substantial and lasting change in circumstances has affected your ability to pay child support.

Can I seek child support even if we were never married?

Both parents, regardless of whether or not they were ever married, are required to provide financial support for their child. This means that you would still have the right to seek child support from the other parent if you have primary custody of the child; however, unwed mothers may need to establish paternity first. In order to do so, you may need to compel the father to take a DNA test. On the same note, fathers can also choose to take a paternity test if they wish to exercise their visitation or custody rights.

Our Firm Will Fight for the Outcome You Deserve

At Eiges & Orgel, PLLC, we believe that communicating with your ex-spouse's attorney can achieve the optimum resolution to your legal issue. Where the other side is unwilling to reach a reasonable conclusion, however, we are always ready to take aggressive action on our client's behalf. We offer effective representation at very reasonable rates and care about helping you pursue the outcome you deserve.

Contact a New York child support attorney for help with any matter relating to child support.