Throughout Suffolk County, like elsewhere, going through Divorce or a Family Court battle can lead to a need to settle the question of Child Support. A Suffolk County Child Support Lawyer knows that efforts to resolve this particular issue are likely the ones to grow most divisive and in fact can be more contentious than a Custody or Visitation case.
For a starting point, however, a standard guideline exists in New York for courts to follow in reaching their final support order. They follow this formula: The parents’ incomes are combined for a total. That total combined income (to $80,000) is then multiplied by a certain percentage. The percentages are, not surprisingly, based on the number of children and are:
These percent figures are a standard, functioning as a guide while additional considerations can also play a part in reaching the final amount. It’s crucial to understand, too that non custodial parents also will pay a share of a child’s daycare costs, costs for their education, and the child’s medical expenses as well. These are in addition to the basic support payment.
Also key to understand is the $80,000 cap on combined income of parents. When their total is higher than this number, the Suffolk County Family Court might decide to either cap at that level or decide to base the calculation on an amount greater than that. To make their decision, the court can appraise a variety of aspects in the case, including but not limited to: What standard of living did your child have before you separated? Are non party children part of the family, and if so what are their needs? Are there expenses that are connected to visitation? Is there a big difference in the income levels of the two parents?
The Suffolk County Family Court will land at a gross income amount for the child support obligation, and then it will allocate this on a percentage basis. Here’s a sample case: Both the mother and father of one child earn $100k. This makes a total combined income that is 200,000. Pro rata share for each of these parents is 50% of the final amount. Suffolk Family Court caps the income at $150,000, and so therefore the non custodial parent is obliged to provide child support in the amount of 17 percent of 75,000 (seventy-five thousand less Social Security). Furthermore, that pro rata share of 50% is also going to be used when the couple divides up other costs for the child, from health and medical to education, as those will be paid in addition to a basic support payment.
On our team at Stephen Bilkis & Associates, PLLC, each Suffolk County Child Support Lawyer regularly handles inquires about getting increased child support received, along with those about getting a decrease in child support paid. Regardless if you’re seeking to receive more child support or to pay less child support, your lawyer knows it depends on circumstances: Has there been a significant change in them? Legally, only a significant change in the unique circumstances of your case will lead to increase in (upward modification) or decrease in (downward modification) your amount of support.
What counts as a significant change in circumstances? To defend a child support increase, this may be increased needs of your child, a big pay raise for a parent, or even a new arrangement for day care. To defend a child support decrease, changes might be job loss (as long as it’s not a parent’s fault), loss of pay from the parent’s overtime work, or also increased medical expenditures. The Suffolk County Court explores such issues, while also examining financial disclosures required from the parents, finally determining whether any requested alternation in child support amount is going to be warranted.
Our Suffolk County Family Lawyers also address arrears, and the ways to get them reduced. Please realize that this cannot happen by action of the Suffolk County court. Reductions can be exclusively given from the parent/party you rightfully is owed money. This can naturally present difficulties—Child Support enforcement might move to suspend a license or passport, and even in cases of financial hardship those will only be reinstated when the arrears are paid.
Speak with an experienced Suffolk County Family Lawyer at Stephen Bilkis & Associates, PLLC. We bring you familiarity with all types of Family Court cases—whether that’s Divorce, settling Child Support, resolving Child Custody or child Visitation, issues of Paternity, and also Order of Protection and Abuse & Neglect. We’ll work to defend your legal rights which encompass grandparents rights and fathers rights, and we offer you a consultation for free with a Suffolk County Family Lawyer. Visit our Suffolk County office, our Nassau County office, or come to our other conveniently located offices—throughout NYC from Manhattan to Brooklyn and neighboring Queens as well as Staten Island and the Bronx. We also have an office in Westchester County. Do not delay—call us today: 800.696.9529.