In Nassau County as well as elsewhere, when you’re going through a Divorce proceeding, your Nassau County Child Support Lawyer will understand that resolving the question of Child Support will likely be the most divisive battle that you’ll go through in Supreme Court or if the parents are not married, in Family Court. Many times, the Child Support battle is fought longer and harder than that of Custody and Visitation
As a helpful starting point, there is a standard payment guideline to follow in New York as the court works toward entering a final order. A formula will be followed, and it is this: First, the two incomes of the parents are combined. Then, that total (to a limit of $80,000) gets multiplied by a set percentage. Below are the percentages that will be applied:
The standard percentage figures above are a guideline, serving as a basis while other numerous considerations may be part of entering the final child support order. A non custodial parent is also likely responsible when it comes to their share of their child’s daycare or educational and medical expense. Those costs are added onto the parent’s basic child support obligation.
If the collective parents’ income reaches $80,000, the Nassau County Family Court may decide to cap child support at this $80K level, or they may choose to decide it will exceed that $80K threshold and hold a Casano Hearing. In reaching this decision, many factors will be accounted for, such as the living standard of a child while parents were together, needs of the non party children involved, any expenses connected with visitation, and—among other factors the Nassau County court may deem as worthy—the disparity in income between the parents.
When the Nassau County court determines a gross income amount to consider for the child support obligation, then it allocates that obligation on a percentage basis. An example of this: a couple has one child, and both parents earn $100k for a total combined income of 200k. The pro rata share for both is 50% of final amount. The decision of the court is to cap income at the level of 150,000, therefore the parent who is the non custodial parent is deemed responsible for a child support payment of 17% of 75,000 dollars (less Social Security). Further, this pro rata share (the 50% figure) will also be used to divide other major childcare costs, from education to healthcare. Such expenses are paid in addition to the parent’s basic support payment.
Each Nassau County Child Support Lawyer on the team in our offices is asked regularly: “How do I get an increase in child support I’m receiving?” or “How do I decrease or lower the child support payment I’m responsible for?” For both questions, the lawyer starts at the same place: Legally, a significant change must have occurred in circumstances. Changes in your circumstances may warrant either an increase (upward modification) or a decrease (downward modification) of the support payment amount.
Changes that can be used to defending an increase include that the child himself has greater needs, perhaps the child requires a tutor, a big raise was given to the noncustodial parent, or there’s a new day care change. Changes that are held to justify a decrease are a job loss (when it isn’t the parent’s fault), loss of the parent’s overtime pay, and/or a rise in medical bills for that parent. The court looks at these factors, along with financial disclosures from each of the two parents, and then deems whether the requested increase or desired decrease is in fact necessary.
Yet another regular question Nassau County Family Lawyers hear in our office concerns how to reduce arrears. Understand that this does not happen through the Nassau County court. A reduction can be only given by a party who is owed the money; a judge doesn’t reduce your arrears. Difficulties can arise if, for example, Child Support enforcement acts to suspend a license or even a passport. Despite any legitimate financial hardship, reinstatement will only result from payment of arrears.
When you speak with a Nassau County Family Lawyer at Stephen Bilkis & Associates, PLLC, you will get the advantage of their experience when it comes to Family Court matters—from your Divorce case, to settling Child Support and/or Child Custody, a case regarding Visitation, also Paternity issues, additionally your Order of Protection case or case of Abuse & Neglect. We are ready to defend your legal rights including grandparents rights and fathers rights, offering a free consultation with a Nassau County Family Lawyer. Meet us at our Nassau County office, or elsewhere on Long Island—we also have a Suffolk County office. Our other convenient locations are in Manhattan and in each other NYC borough—Brooklyn or in neighboring Queens, as well as on Staten Island (Richmond County), or also in the Bronx. And for other suburban residents, we’re also located in Westchester County. Don’t hesitate—call us at 800.696.9529 now.