Child Support Lawyers in Staten Island
Staten Island Divorce Lawyers Representing Fathers in 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 $63,000 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 $163,000 is considered). This percentage varies based upon the number of children a couple has together.
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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, we can provide the legal assistance you need to accomplish your goals.
Contact me today for legal assistance with child support.
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Where Can I File My Divorce Paper Work?If you are currently engaged in an uncontested divorce then you can file your divorce papers at the County Clerk’s Office, or online using the New York State Courts Electronic Filing System. However, many times this isn’t the case and you need an attorney that will guide you through your divorce. Contact my firm today for more information.
What Are Grounds for Divorce in the State of New York?In New York any of the following reason will qualify you for a divorce: complete marital division (no-fault divorce) for a period of at least 6 months, abuse, abandonment, prison time, cheating, or a period of legal separation.