Staten Island Family Divorce Attorney

Child Support Lawyer in Staten Island

Staten Island Divorce Lawyer for Child Support Cases

In New York, parents are obligated to provide financial support to their children until the age of 21. A parent's basic child support obligation is set pursuant to statutory guidelines.

Generally, the non-custodial parent will be expected to pay a set percentage of his or her pro-rata share of income, up to $148,000 of the combined adjusted gross income of both parents (unless otherwise agreed or ordered) as child support (There are situations when income in excess of $148,000 is considered). This percentage varies based upon the number of children a couple has together.

Do you have questions about your unique child support case? Contact me for a Legal Strategy Session to learn how I can assist you!

Child support percentages are as follows:

  • One child: 17%
  • Two children: 25%
  • Three children: 29%
  • Four children: 31%
  • Five children: no less than 35%

Each parent has a child support obligation. The custodial parent retains his or her share of the obligation for use on the child and the non-custodial parent gives his or her share of the obligation to the custodial parent. Each parent's share is pro-rated in the same proportion as each parent's income is to the combined parental income.

Additionally, parents will likely be required to split, usually on a pro-rated basis, certain additional child-related costs, such as medical expenses, health insurance, reasonable child-care expenses, educational costs, and the cost of extracurricular activities. These expenses, called "add-ons" must be made a part of the monthly child support obligation.

Establishing or Enforcing a Child Support Order

When a non-custodial parent refuses to comply with a child support order, that order can be enforced through wage garnishment, property liens, income execution, contempt of court, and other methods. Child support arrears cannot be discharged in a bankruptcy.

If you need legal assistance to establish or enforce a child support order, or with the post-judgment modification of a New York or New Jersey child support order, I can provide the legal assistance you need to accomplish your goals.

Contact me today for legal assistance with child support.