New York City Child Support Lawyer
Experienced Legal Representation For Child Support Matters in NYC
One of the issues that can arise in a divorce, often of great concern, is the amount of child support that one parent will pay the other. Working out the details regarding child support can be stressful and highly contested.
Whether you are a parent who needs support or is concerned about being forced to pay an excessive amount in child support, our attorneys can discuss your family case and fight on your behalf.
- In some cases, no support is ordered, as both parents are employed and have a similar income, and the custody of the children is shared between the two on an equal basis.
- In other child support cases, one parent may have been the primary caregiver, while the other parent focused on a career and earning a living to support the family.
At H. Benjamin Perez & Associates, P.C., our attorneys have over 20 years of experience handling legal child support issues. Based on your circumstances, we can review your situation against child support laws in N.Y. and advise you on what to expect.
Call H. Benjamin Perez & Associates, P.C. today at (646) 770-0989 or contact us online to schedule a meeting with our child support attorney in NYC!
How is Child Support Calculated in New York?
Child support in New York is calculated using a set formula based on the combined income of both parents. Factors considered include the number of children, how much time each parent spends with the child, and any special needs or health-related costs for which a parent might be responsible. Additionally, if one of the parents has additional income from outside sources such as investments or rental properties, this can also be considered when calculating child support payments.
Child Support Case's in a New York Court
There are cases in which the issue of child support is in contention, particularly in a divorce that involves high net worth divorce. How the court could decide will be influenced by the skill with which the case is presented to the court, as well as the evidence and testimony that supports the case for a specific level of child support.
Generally, it can be assumed, that the court will focus on the following aspects:
- The standard of living enjoyed by the child(ren) during the term of the marriage
- The income earning capacity of each parent
- The needs of the children with regard to education and other predicted expenses
- Issues related to health insurance are also reviewed to determine which parent should pay
How to Modify Child Support in New York
The court must see a substantial change in circumstances affecting the order to obtain a child support modification. For example, if a supported spouse remarries or begins to cohabit with another person, the child support order can be terminated. If a child develops special needs requiring additional support, a modification of the child support can be requested.
Other circumstances could include:
- One of the parents being convicted of a crime;
- Alcohol or drug abuse affecting child custody;
- Creating parental alienation;
- A supported parent receives a promotion or another job increasing income;
- One of the parents relocating far from the other parent.
What Age Do You Stop Paying Child Support in New York?
In New York, parents must pay child support until the child turns 21 unless the court orders a different amount. If the child is still attending high school past age 21, payments are due until graduation or until age 19, whichever comes first. Additionally, if the court determines that a parent has a legal obligation for any child's special needs that extend beyond high school age, then payments may also be required for those.
Contact Our New York City Child Support Attorney Today
Child support can be a complex topic, and each case is unique. It is important to consult with our New York child support lawyer to ensure your child support situation is handled fairly and accurately. We will be able to review the specific details of your child support case, provide advice about your rights, pursue any modifications, and help calculate an appropriate amount of child support based on all relevant factors.
Contact H. Benjamin Perez & Associates today to schedule a consultation with our child support lawyer in NYC!