Child Support Attorneys in New York City
Support proceedings can be initiated in either the NY Family Court or the NY Supreme Court, and once they begin, the Court and the attorneys involved must base their child support amount on the Domestic Relations Law Section 240(1-b) and the Family Court Act Section 413(b). Child Support runs until the child reaches age 21.
The "Custodial Parent" (the parent who is awarded sole custody, legal custody, and/or physical custody) receives money from the "Non-Custodial" parent, usually monthly to the "Non Custodial Parent" and the amount is fixed by statute as a percentage of the gross income for the first $ 80,000.00 as follows:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four child
If the gross income is over $ 80,000.00, the Judge may use the above percentages or in his or her discretion may take into account a variety of factors such as, the standard the child would have enjoyed had the marriage not ended, the financial resources of the parties, and other criteria.
Convincing the Judge that these other factors should or should not be taken into account and to what degree requires a seasoned divorce lawyer adept at negotiations, high quality writing of legal memoranda which are submitted to the Judge for review, and excellent oral advocacy.
Refusing to pay child support can result in, among other things, automatic deduction from your paycheck pursuant to Court order, loss of professional licenses such as architecture, broker's, nurse's and medical licenses, suspension of your New York driver's license, and contempt of court.
If you cannot afford paying child support, or if the needs of the children have changed thus requiring additional child support, consult us, because there are instances where a Family Court Judge will entertain an application for an upward or downward modification of your child support.