Under New York state laws, parents are required to financially back their child until the age of 21 or until they become legally emancipated. Family courts in New York require that both parents contribute financially to their children’s support and wellbeing, even when they are no longer a married couple. When a couple decides to separate or divorce, a child support agreement between the two parties sets out how each will contribute to the support of their child.
Whether you and your spouse can mutually agree to child support terms or must rely on the court system, you will need the assistance of a skilled New York child support lawyer to provide guidance and ensure that your responsibilities and that of your spouse are fair and legally sound. At The Law Office of Ryan Besinque, our experienced New York divorce attorneys have dedicated their careers to individuals who are navigating the emotional and financial turmoil of divorce. Let our years of experience work for you. Contact us via via phone at (929) 251-4477.
Child support is the legal obligation of the father or mother to make periodic payments to the custodial parent for the financial benefit of their child. In most cases, the non-custodial parent makes child support payments to the custodial parent. This helps pay for the basic daily expenses of raising their child as well as other important financial obligations such as childcare, health insurance, educational costs, and other expenses as they may arise.
If you are attempting to develop a child support agreement with your co-parent, it is important to get the assistance of a skilled child support attorney in New York to ensure that your agreement is within the proper parameters, considers all the options and consequences, and is properly documented so there will be no issues enforcing it in the future. At the law firm of Ryan Besinque, P.C., our experienced attorneys can help you with the support cases that might be affecting your family. Call us today at (929) 251-4477 to schedule a free consultation with a New York contested divorce lawyer.
In the State of New York, both parents are responsible for the financial support of their child. But many are under the misconception that when custody is shared, neither parent must pay child support to the other.
When parents share custody, the primary custodial parent will typically receive child support payments from the non-primary custodial parent. When the child spends equal time with both parents, the one who earns more usually pays child support to the lower wage earner.
But couples can come to agreements outside of these typical scenarios. It is important for divorcing spouses to understand their legal rights and responsibilities before they agree to anything. Once the child support award is in place, there can be serious legal and financial consequences if the father or mother fails in his or her child support responsibilities.
At The Law Office of Ryan Besinque, our experienced child support attorneys guide our clients each step of the way. With our help you may be able to better understand what you are legally entitled to, and your responsibilities under the law. If you need legal advice from an experienced child custody lawyer regarding family law case, contact us via phone today at (929) 251-4477.
When determining child support in New York, there are specific standards that are used to ensure that there is consistency and fairness when making child support awards. These standards use the annual income of the couple and the number of children who require support. These standards are applied to divorcing co-parents across all income levels.
Child support in New York consists of two different parts. First, basic child support is intended to pay for everyday essentials such as food, shelter, and clothing. Basic child support is paid by one parent to the other, usually the non-custodial parent to the custodial parent, to help cover basic expenses for the child.
Besides basic child support, there are what is referred to as “add-ons.” These can include things such as health insurance, medical costs, child care, educational expenses, extracurricular expenses, and others. Sometimes, these add-ons are not paid to the custodial parent but are paid to the direct provider of the services. If you are in need of legal assistance for your custodial issues, the experienced lawyers from The Law Office of Ryan Besinque are here to help. Call us today at (929) 251-4477.
When the court orders basic child support, it is calculated using the following steps:
Each parent’s earnings are determined and added together for a combined total income figure.
Each parent’s individual obligation is determined by their pro-rata share of that figure, considering their individual earnings.
The total child support obligation is determined by multiplying the combined total income, up to the current earning cap, by a percentage based on the number or children requiring support.
Currently, the total basic child support amount will be calculated based on the following percentages according to the number of children requiring support:
Basic child support is not meant to cover all costs in the life of the children. While basic child support covers things such as food, shelter, clothing, and everyday living expenditures, it does not cover other expenses such as childcare, healthcare insurance, medical expenses outside of insurance, educational costs, extracurricular expenses, or other outside expenses.
In New York, “add-ons” is a shorthand for those reasonable additional costs. The court assigns pro-rata responsibility for these costs between the two spouses based on their percentage of individual earnings to total income. If you need to navigate a complex child support case, the experienced attorneys from The Law Office of Ryan Besinque are ready to fight for your rights in and out of the courtroom, in order to achieve the best possible results. We prioritize the best interest of every client. Call us now at (929) 251-4477.
If there have been substantial changes in your circumstances that necessitate the need to modify the child support you are receiving or paying, child support modification may be considered by the court.
It is important to seek the guidance of an experienced New York child support lawyer if you are considering asking for a modification to your child support.
Income calculations can be based on more than just wages from employment. Income can also include things such as government benefits, unemployment, workers’ compensation benefits, pensions and other retirement benefits, stipends, and awards. The court may also consider other things such as unreported income and income potential.
Once child support has been established, parents must pay in accordance with the terms of the order. The failure to pay child support in New York can result in serious fines and other consequences, including possible criminal penalties.
When one co-parent refuses to pay their child support obligation, the other parent can file a petition with the court with the assistance of their New York child support attorney. A hearing will be set, at which time the court will determine if the failure to pay was a willful one. If non-payment of child support has been found willful, the court has ways to enforce and punish parents who refuse to pay their required child support.
Parents who refuse to pay child support may be subject to:
Wage garnishment
Interception of any income tax refunds
Liens on their business or home
Property seizure
Loss of their driving privileges
Loss of their passport
Loss of professional or occupational licenses
Negative impact on their ability to get credit
Judgments that will show up on employment or housing background checks
The court may also hold someone who is delinquent in paying child support in contempt. At The Law Office of Ryan Besinque, we make sure that every client understands their rights and responsibilities under the law. For a free consultation, call us today at (929) 251-4477.
In most matters of divorce, if spouses are able to agree to mutual terms outside of the court, they may do so within specific parameters. But in matters of child support, it is crucial to get legal guidance to ensure that your and your children’s best interests are being served into the future and that the terms of your agreement are enforceable should it be necessary.
At The Law Office of Ryan Besinque, you can have peace of mind knowing that you, your parental rights, and your financial future are in safe hands. If you need assistance in a child support case, get the skilled legal guidance of our New York child support lawyers to ensure that your future and that of your children is protected. Contact us at (929) 251-4477 for a free consultation.
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