Suffolk County Child Support Attorneys
Dedicated Legal Representation Through Child Support Matters in Suffolk County
Your number one concern is providing your children with everything they
need. At The Meyers Law Group, P.C., we are equally committed to helping
you reach a child support agreement that is fair and equitable. We are
a client-focused
family law firm in Suffolk County. We have extensive experience handling child support
cases, and we can put this experience to work for you and your family. Our
child support lawyers in Suffolk County at The Meyers Law Group, P.C. tailor their approach
to your needs. When you hire us, you can be sure that you and your family
are our priority.
Need Help with Child Support?
Contact Us Today
Speak with an experienced child support attorney at The Meyers Law Group,
P.C. Call now at
(631) 496-1484 to schedule your free consultation.
How Is Child Support Determined in New York?
Child support is intended to maintain your child's standard of living after a divorce or separation. Generally speaking, child support will be paid by the non-custodial parent to the custodial parent. In New York, there is a set of laws that determine and guide child support decisions. These laws are found in the Child Support Standards Act. The courts determine child support payment figures based on the income of both parents and the number of children involved.
While there is a formula for determining child support, the courts also consider:
- Earning capacity of both parents
- Non-financial contributions of both parents
- Special needs of the child or children involved
- Educational needs of the child or children
- Medical needs of the child or children
- Visitation-related expenses
- Other extenuating circumstances recognized by the courts
Coming to a child support agreement can be challenging. Many clients report feeling overwhelmed. The Meyers Law Group, P.C. believes that separation and divorce do not have to destroy your family. Our child support attorneys in Suffolk County work hard to help clients through this challenging time by providing them with the legal representation they need to feel confident in court.
Understanding Child Support Calculations in Suffolk County
In New York, child support is typically determined by the Child Support Standards Act (CSSA). The CSSA uses a specific formula to calculate the amount of child support a non-custodial parent must pay. Here’s how it works:
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Combined Parental Income: The court first calculates the combined income of both parents. This includes salary, bonuses, and other sources of income.
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Percentage Allocation: Once the combined income is determined, a percentage is applied based on the number of children:
- 1 child: 17% of combined parental income
- 2 children: 25% of combined parental income
- 3 children: 29% of combined parental income
- 4 children: 31% of combined parental income
- 5 or more children: At least 35% of combined parental income
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Income Above $154,000: If the combined income exceeds $154,000, the court may adjust the child support amount. The calculation becomes more discretionary, taking into account the child’s needs and the parents' standard of living.
Factors That Influence the Formula
While the CSSA provides a base calculation, several other factors can affect the final amount of child support:
- Daycare Expenses: If the custodial parent needs daycare services to work, these costs can be added to the child support amount.
- Extracurricular Activities: Costs for activities like sports, music lessons, and other enrichment programs are sometimes considered in the final child support decision.
- Private Schooling: If the child is enrolled in private school, this cost may be factored into the child support payment.
- Special Needs: If the child has special medical or educational needs, these can be included in the child support calculation as well.
How to Enforce a Child Support Order
If the non-custodial parent isn’t making the required child support payments, there are several steps that can be taken to enforce the order:
- Wage Garnishment: The court can order the non-custodial parent’s employer to deduct child support payments directly from their wages.
- Suspension of Driver's or Professional Licenses: If payments aren’t made, the court can suspend the parent’s driver's license or professional licenses, such as medical or law licenses, until they pay their support.
- Property Liens: The court may place a lien on the non-custodial parent’s property, meaning the parent cannot sell or refinance it until the debt is settled.
Dealing with Child Support Arrears in New York
When a parent falls behind on child support payments, it creates arrears — unpaid child support that builds up over time. Here’s how arrears are handled:
- Interest on Arrears: Arrears in New York often accrue interest, meaning the longer a parent goes without paying, the larger the debt becomes.
- Enforcement Actions: If arrears accumulate, the custodial parent can request the court to enforce the payment through garnishments, property liens, or other actions.
- Payment Plans: Courts may allow parents to enter into payment plans to pay off arrears over time. This can involve regular installments until the debt is cleared.
Dealing with child support arrears can be overwhelming, but working with an experienced child support attorney can help parents understand their rights and obligations, and explore options to resolve arrears in a manageable way.
How Far Behind Can You Fall on Child Support Before Jail in New York?
In New York, a non-custodial parent who is 120 days behind in child support payments may be held in contempt of court and sentenced to up to six months in jail. However, there are several factors that the court will consider before imposing jail time, such as the parent's ability to pay, the reasons for the non-payment, and the impact of jail time on the child.
If you are facing a child support order and are concerned about being able to make the payments, you should speak with an attorney. An attorney can help you understand your rights and obligations under the law and can represent you in court if necessary.
Frequently Asked Questions about Child Support in Suffolk County
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Can child support be modified if there’s a significant change in
circumstances?
Yes, if there is a significant change in circumstances, such as a change in income, the child’s needs, or custody arrangements, either parent can request a modification of the child support order. It is important to file the modification request with the court, and it’s advised to seek legal assistance to ensure the process is handled correctly. -
What if the non-custodial parent refuses to pay child support?
If the non-custodial parent refuses to pay child support, enforcement actions can be taken. This may include wage garnishment, tax refund interception, suspension of licenses, or placing a lien on their property. It’s important to report non-payment to the court for enforcement. -
How long does a parent have to pay child support in New York?
In New York, the obligation to pay child support generally continues until the child turns 21. However, support can be extended if the child is still dependent, such as if they are in college or have special needs. -
Can child support be waived or reduced if the parent is unable to pay?
While child support payments cannot typically be waived, if a parent is unable to pay due to financial hardship, they can request a modification of the child support amount. The court will consider the parent's ability to pay when making a decision. -
How is child support calculated when the parents share custody?
In shared or joint custody situations, the court will still follow the child support formula, but the number of overnights the child spends with each parent may impact the calculation. The more time a child spends with one parent, the lower the support obligation may be for that parent. -
Can child support payments be made directly to the custodial parent?
While it’s possible to make direct payments, it’s always best to go through the appropriate state child support enforcement agency to ensure a record of payments. This helps avoid any misunderstandings or disputes in the future. -
What happens if I can’t pay my child support on time?
If you’re unable to pay on time, it’s crucial to notify the court and the other parent immediately. Failure to do so could lead to penalties or enforcement actions. It’s always best to seek a modification if your financial situation has changed.
Get Assistance with Child Support Modifications in Suffolk County
As your children grow up, you may find that your original child support order is no longer. Additionally, if you or your former spouse have moved or changed jobs, your original order may not be appropriate for your current situation. When this happens, you can seek a modification of your original child support order. The courts can increase or decrease child support. Call our Suffolk County child support lawyers to receive dedicated help with the modification process.
Contact Us for Legal Assistance
Have questions about child support?
Contact us at
(631) 496-1484 and get the help you need from our dedicated team at The Meyers Law Group, P.C.
