Queens Child Support Lawyer
Ensuring Fair Child Support for Custodial & Noncustodial Parents
As a parent, supporting your child is one of your priorities. When you live with your child and their other parent, supporting your child is something you do as a matter of course. If parents are not living in the same household, however, child support often needs to be formalized through the legal process.
Child support issues are stressful for both custodial and noncustodial parents. If you have custody, you may be concerned about whether child support will be enough to truly meet your child’s needs. If you are a noncustodial parent, you may be worried that paying child support will not leave you enough to live on.
At the Law Offices of Andreas Vasilatos, PLLC, we represent custodial and noncustodial parents in making sure that child support awards are fair and meet the needs of everyone in the family. Our commitment is to provide empathetic guidance, which includes keeping you informed throughout each step and exploring options like mediation to ease potential conflicts.
Contact our Queens child support attorney by calling (855) 773-1166 today!
Understanding New York Child Support Laws
New York, like other states, uses guidelines to determine child support. Those guidelines involve using certain numbers, including the parents’ income and the number of children being supported, to arrive at a fair child support award. Although New York child support calculations are somewhat formulaic, the help of a child support lawyer in Queens is still important in arriving at the correct calculation.
Your attorney will ensure that the numbers used to calculate child support are accurate. Inaccurate input into support calculations can lead to an unjust child support award. Child support orders may be in place for well over a decade. Over time, a parent could pay or receive thousands more or less in support than they should. While child support can be modified, it is always best to arrive at a correct calculation from the start.
- Identify the total combined gross income of both parents. This is usually done by reviewing their most recent income tax returns.
- Make appropriate deductions from total combined income. Common deductions include Supplemental Security Income (SSI); public assistance income such as Temporary Assistance to Needy Families (TANF); FICA taxes; city income tax; and spousal support (alimony) or child support paid to individuals not involved in the current case.
- Allocate a percentage of total adjusted income to child support. This percentage ranges from 17% of income for one child to 35% for five or more children.
- Determine each parent’s share of the child support obligation by assigning each parent a pro-rata share based on their income. For instance, if one parent earns two-thirds of the family’s total adjusted income, they will be responsible for two-thirds of the child support obligation.
This calculation does not take into account all expenses, including things like child care and medical expenses for the child. Unless the child support order dictates otherwise, parents typically share equal responsibility for those additional child-related expenses.
It is also important to note that the child care calculation is based on a capped amount of parental income. The income cap is adjusted annually for inflation; in 2022, the cap was $163,000. If your family’s income is higher than the capped amount, the court can use its discretion to award more child support. An attorney’s representation is especially critical in these high-income situations; legal counsel understands how best to persuade a court that child support should, or should not, be higher than the guideline amounts.
Modification & Enforcement of Child Support Orders
Depending on the age of a child when support is awarded, child support orders may be in place for well over a decade. During that time, circumstances can change: a parent may change jobs, get a promotion, become unemployed, or become ill or disabled. In short, the original child support award may no longer be appropriate. In those cases, it may be necessary to seek a modification of child support. Your attorney will highlight the factors the court needs to understand to make a decision that is favorable to you.
Modifying child support can be a complex process, involving the submission of documented evidence to demonstrate significant changes affecting either parent's ability to pay. These changes might include substantial shifts in either parent's financial situation, such as a dramatic increase or decrease in income, or unexpected medical expenses that alter the financial landscape.
Many parents often struggle with the other parent’s failure to pay child support. If you are a custodial parent, an attorney can help you pursue support owed to you. If you are a parent who is behind on support, an attorney may be able to help you modify support based on your circumstances and make arrangements to pay back support (arrears) that you owe. Whatever you do, do not ignore your support obligations. Doing so can result in suspension of state-issued licenses, damage to your credit rating, or even jail time.
To enforce child support payments, the court can take various actions including wage garnishment, intercepting tax returns, or suspending licenses. Understanding these processes and the potential ramifications of delinquent support payments is crucial for both paying and receiving parents.
The child support lawyers in Queens at the Law Offices of Andreas Vasilatos, PLLC are not only experienced family law attorneys; they are experienced litigators. If it becomes necessary to go to court to represent your interests in a New York child support matter, they have both the legal knowledge and the courtroom skill to advocate effectively on your behalf.
Championing Your Case, Empowering Your Future Why Choose Law Offices of Andreas Vasilatos?
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Compassionate AdvocacyWe provide empathetic support throughout your family law journey, ensuring you feel understood and supported.
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Tailored Legal StrategiesWe craft personalized legal approaches that align with your unique needs and goals, maximizing outcomes through negotiation or litigation.
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Extensive Experience and ExpertiseSpecializing solely in family law, our attorneys offer deep expertise and up-to-date knowledge, delivering meticulous preparation and dedicated advocacy.
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Client-Centered ApproachWe prioritize personalized service and accessibility, ensuring you're informed and confident in our strategic representation.
Work with a Skilled New York City Child Support Lawyer
The Law Offices of Andreas Vasilatos, PLLC has two convenient locations: in Bayside, Queens, and at 7 World Trade Center in Manhattan. The firm serves clients in all five boroughs of New York City as well as Nassau, Suffolk, and Westchester Counties.
Our team takes pride in offering comprehensive family law services, ensuring that each client receives attention and care tailored to their unique situation. Open communication and personalized legal strategies define our practice, promising that you're kept informed and involved in every step of the process. We are engaged not just in cases, but in understanding and supporting family needs.
Frequently Asked Questions About Child Support in Queens
How Is Child Support Calculated in New York?
Child support in New York is calculated based on the combined gross income of both parents and the number of children needing support. The state uses a percentage of the parents' combined income to determine the support obligation. The basic percentage starts at 17% for one child and increases with the number of children. Adjustments are made for various factors, including shared custody arrangements and additional child-related expenses such as healthcare and childcare. It is crucial that these calculations be accurate to ensure fairness and adequacy of the support determined. An error in calculation can have long-lasting effects, impacting the financial well-being of both parents and, most importantly, the children involved.
Can Child Support Be Modified?
Yes, child support orders can be modified if there is a significant change in circumstances. Such changes might include a substantial increase or decrease in either parent's income, a change in the child's needs, or a change in custody arrangements. Parents seeking modifications must provide evidence of the changed circumstances, and the court will review these modifications based on the child's best interests. It is advisable to consult with a child support attorney in Queens when seeking a modification to ensure the request is properly presented and to enhance the likelihood of achieving a favorable adjustment.
What Happens If a Parent Does Not Pay Child Support?
Failure to pay child support can lead to serious legal consequences. The court may employ various enforcement measures such as wage garnishment, interception of tax refunds, or suspension of the obligor's driver's license. Persistent non-payment might also result in a contempt of court charge, which can carry penalties including fines or jail time. Parents struggling to meet their support obligations should seek legal advice promptly to explore options for modification or to negotiate payment plans that avoid these severe repercussions.
Are There Any Resources for Parents Struggling with Child Support Issues?
Queens offers several resources for parents dealing with child support issues. Local family court services can provide guidance, and organizations such as the Legal Aid Society in Queens offer support for those unable to afford private counsel. Additionally, the Law Offices of Andreas Vasilatos, PLLC is committed to assisting both custodial and noncustodial parents with navigating the complexities of child support through personalized legal strategies and supportive legal counsel.
What Is the Role of Mediation in Child Support Cases?
Mediation can be a beneficial option in child support cases, offering a less adversarial method for resolving disputes. This process involves a neutral third-party mediator who assists the parents in negotiating an agreement that serves the children's best interests. Mediation encourages collaboration and can lead to more amicable settlements, often resulting in a better long-term relationship between parents. This approach is especially common in Queens, where the courts often favor mediation to help reduce conflict and expedite resolution, benefiting everyone involved.
Call (855) 773-1166 or reach out online to schedule a consultation. We look forward to working with you.
