Child Support is an important component of ensuring a child’s needs are met. Raising a child is undoubtedly costly. From paying for a mortgage or rent, clothing, food, school supplies, health insurance, unreimbursed medical expenses, childcare, camp, extra-curricular activities, academic expenses, gifts, and other living expenses, these expenses rack up quickly.

Child Support Determinations in New York

Both parents are obligated to contribute to these expenses. In New York, the court follows the Child Supports Standards Act (CSSA) when making child support determinations. The CSSA considers both parents’ gross incomes, minus social security, medicare, and local taxes, and produces a monthly support figure that the courts deem the “Basic Child Support” figure.

In addition to “Basic Support”, the court also requires the parents to contribute to certain statutory add-on expenses, such as unreimbursed medical expenses and childcare while the custodial parent is working.

Our Approach to Child Support

We are here to ensure that the court enters the right child support award and enforces the award. Often, parents try to hide their true income by a whole host of unsavory tactics, such as diverting regular income into fringe benefits, voluntarily being under-employed or unemployed, or being paid off the books.

Our child support lawyers are well versed in these maneuvers and are prepared to ensure the court has the whole, accurate picture of the non-custodial parent’s income and income-earning potential so your child can be fairly supported. If arrears are owed due to the non-custodial parent failing to pay child support in accordance with a child support Order, we can help ensure you are compensated for all outstanding arrears. In particularly egregious circumstances, we can advocate for the court to suspend the parent’s diverse license or even incarcerate the non-paying parent for up to 6 months.

Modifying Child Support Order

There are also times when a child support Order needs to be modified, either upwards or downwards. The courts often modify child support awards if more than 3 years have passed since the last child support Order, either parent’s income has changed more than 15%, or there has been a substantial change in circumstance since the last child support Order went into effect. Our child support lawyers are experienced with both upward and downward modification applications and are prepared to assist you should your circumstances require.