New York City Child Support Attorney

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 uncontested divorce.

Even in this case, a New York City child support 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 over 60 years of combined experience assisting clients with complex family law cases, 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 comprehensive case evaluation: (347) 848-1850. Our New York City child support attorneys are here to help.

Understanding New York Child Support Laws

New York's child support laws are designed to ensure that children continue to receive financial support from both parents, even when the parents are separated or divorced. The Child Support Standards Act (CSSA) provides a formula to calculate the amount of support required based on combined parental income. This includes earnings from work, investment income, and other financial resources. The CSSA helps to promote fairness and consistency across child support determinations.

A critical component of New York child support law is the consideration of each parent’s income and living expenses. The courts also take into account special circumstances such as the needs of children with disabilities or exceptional educational costs. Understanding these considerations can be challenging without professional guidance. Our attorneys at Eiges & Orgel, PLLC are equipped with the knowledge and experience to navigate these complexities, ensuring that every aspect of your financial responsibility is fairly assessed and managed.

How is Child Support Decided in New York?

If you have children, then child support is one of the most important areas of New York family law. We know that nothing is more important to you than the well-being and happiness of your children.

Factors that determine child support:

• The best interests of the child
• Income & living expenses of each parent
• The child’s financial needs
• The child’s relationship with each parent
• The stability of each home environment (mother and father)
• Each parent’s time availability

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.

​​​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 custodial parent.

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 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. 

Enforcing Child Support Payments

At Eiges & Orgel, PLLC, we understand the importance of receiving the child support payments your child deserves. If the other parent refuses to pay child support, our experienced New York City child support lawyers can help you navigate the legal process to enforce payment.

Our team can assist with:

• Filing a petition for enforcement with the court
• Obtaining a wage garnishment order
• Seeking a judgment for past due payments
• Exploring other legal options to ensure you receive the child support you are owed

Don't let the other parent shirk their financial responsibility. Contact Eiges & Orgel, PLLC today to learn more about enforcing child support payments and protecting your child's well-being.

Legal Implications of Failing to Meet Child Support Obligations

In New York, the failure to meet child support obligations can have serious legal consequences. Parents who intentionally disregard court-ordered support payments may face wage garnishment, interception of tax refunds, suspension of driver’s licenses, and even potential jail time. These measures emphasize the importance the state places on child welfare and the necessity for both parents to fulfill their financial responsibilities.

Understanding the implications of non-payment is essential for both custodial and non-custodial parents. While enforcement actions are available to help custodial parents collect overdue support, non-custodial parents should remain proactive in addressing any financial hardships they face. Open communication and legal assistance can facilitate negotiations or modifications, avoiding more severe legal penalties and ensuring continued support for the child's well-being. Legal experts at Eiges & Orgel, PLLC are here to assist both parties in maintaining compliance through clear guidance and representation.

Options for Modifying Child Support Due to Life Changes

Life changes such as a significant change in income, remarriage, or an alteration in custody arrangements may necessitate a modification of child support. In New York, either parent can request a review and modification of the support agreement if substantial changes in circumstances occur. The court will evaluate evidence to determine whether an adjustment is warranted, ensuring that the child’s needs are consistently met while considering each parent's financial capability.

To ensure a successful modification request, timely documentation and clear demonstration of need are crucial. Legal counsel plays a vital role in navigating these procedures, advocating for fair assessment, and minimizing conflicts. At Eiges & Orgel, PLLC, our attorneys work closely with our clients to provide detailed advice, strategically managing the petition process, crafting tailored solutions that align with our clients' evolving needs and legal obligations while keeping children’s interests at the forefront.

Frequently Asked Questions About Child Support in New York

What Are the Steps to Apply for Child Support in New York?

In New York, applying for child support involves several key steps. First, a formal application must be filed with the Child Support Enforcement Bureau in your local county. This includes submitting financial information such as income statements and employment details. Once filed, the petitioning parent can expect to attend a hearing where both parties present their financial circumstances and needs.

The court will then evaluate this information using the CSSA guidelines to determine the appropriate level of support. It's important for both parents to adequately prepare for this process, gathering all necessary documents and considering legal representation. Eiges & Orgel, PLLC offers guidance throughout this process, helping clients ensure their records are accurate and complete, and presenting a strong case for a fair support determination.

How Does Child Support Enforcement Work in New York?

Child support enforcement in New York involves multiple strategies to ensure compliance with court-ordered payments. If a parent fails to pay, enforcement measures such as wage garnishment, interception of tax refunds, and property liens may be utilized. New York State also allows for the suspension of professional licenses and driver’s licenses as a pressure tool for payment compliance.

Custodial parents seeking enforcement should work closely with legal professionals to explore all available options. An attorney can provide insights into the most effective enforcement techniques and assist in filing necessary motions. At Eiges & Orgel, PLLC, our lawyers have extensive experience navigating the enforcement process, committed to ensuring that our clients receive the support they deserve.

Can Child Support Be Changed if My Financial Situation Changes?

Yes, New York law allows for modifications to child support orders when there is a significant change in circumstances. Situations such as a significant increase or decrease in income, changes in custody, or substantial changes in a child's needs may justify a revision. Parents seeking modification must submit a formal petition, providing evidence of the changes.

It's advisable to consult with a child support attorney to understand the intricacies of filing for modification and to build a compelling case. Eiges & Orgel, PLLC can offer detailed counsel to ensure the process is handled efficiently, maintaining alignment with legal standards and protecting the family’s financial interests.

What Should I Do if I Cannot Afford My Current Child Support Payments?

If you're unable to afford your child support payments, it's essential to act immediately by seeking a modification. Do not simply stop making payments, as this can lead to severe legal consequences. Instead, gather documentation proving your financial difficulties and consult with a qualified attorney to file a modification request.

An experienced attorney from Eiges & Orgel, PLLC can help articulate your financial hardship to the court and seek a fair adjustment that reflects your current financial situation, ensuring that your request demonstrates genuine need and is backed by substantial proof of changed circumstances.

Is Health Insurance Included in Child Support in New York?

In New York, health insurance is generally considered a part of the child support order. The parent with access to health insurance, usually through employment, may be required to cover the child’s health insurance premiums. This cost is factored into the overall child support obligations, ensuring that children have continuous access to medical care.

Both parents must disclose their health insurance coverage options during hearings to accurately compute contributions. Legal representation can help navigate the integration of these costs into support orders, ensuring fairness and compliance. Our team at Eiges & Orgel, PLLC is ready to assist in ensuring that health-related provisions are clearly defined as part of your child support arrangement.