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
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
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.