Brooklyn Child Support Lawyer

When you speak with a Brooklyn Child Support Lawyer, he or she will explain that they understand the disputes in Family Court typically growing most contentious are those around deciding Child Support even more than Child Custody and Visitation.

There is, however, a standard guide by which the Child Support payment amount for the non-custodial parent is set in New York. The law provides that a percentage is applied to the combined income of both parents. So, this total is multiplying by a set percentage.

• Seventeen percent (17%) for 1 child
• Twenty-five percent (25%) percent for 2 children
• Twenty-nine percent (29%) for 3 children
• Thirty-one percent (31%) for 4 children
• Thirty-five percent (35%) for 5 and more children

Keep in mind that this is a guideline, a standard. Other considerations may also factor into the final child support order. And the noncustodial parent may be responsible as well for their portion of educational expenses, daycare expenses, and medical costs—costs which are added to the child support payment.

$80,000 Cap

The percentages listed above are standard up until $80,000 in combined income for the parents. When their combined income is higher than that figure, the Brooklyn Family Court will decide whether to cap child support calculations at the $80,000 level or whether it might exceed this threshold. A variety of factors will shape the court’s determination, from the child’s living standard before the divorce, non-party children’s needs, expenses of visitation, the disparity (if any) in parent’s income, or other applicable factors the court sees fit to consider.

Example: A father and a mother have one child. Each earns $100,000, for a total income of $200,000. Their pro rata share is 50% of the final amount. Brooklyn Family Court chooses to cap income at $150K, meaning the noncustodial parent pays child support of 17% of $75K (minus social security). This 50% share is also the rate for dividing medical or daycare costs, which are added to the child support payment.

At our offices, each Brooklyn Child Support Lawyer often is asked: “Is it possible to increase how much child support I receive?” We also hear the question: “Is it possible to decrease how much child support I’m paying?” For either question, your lawyer starts at the same place: Legally, for an increase or a decrease to be warranted, a major change in circumstances must have occurred. Changes leading to an increase can be: the parent paying support got a large raise, the daycare situation has changed, or the child’s needs have changed/increased—such as they now need a tutor. The Brooklyn Family Court will examine financial disclosures from the two parents, and then will decide if an increase is warranted.

As mentioned above, decreasing a child support payment also depends on a change in your circumstances. The changes that will lead to this include losing your job (note: it must be no fault of your own), losing overtime pay, and increase in medical expenses. These reasons may justify a lowering of the child support payment.

Yet another question often heard by a Child Support Lawyer is: “Can I be granted a reduction in arrears by the court?” No, the family court cannot reduce your arrears—a reduction can only be given to you by the party the money is owed to. You may encounter difficulties if Child Support enforcement suspends your passport or your license as a result of arrears. However, unfortunately, reinstating a license comes only by paying the arrears—even if you’re facing financial hardship.

Each Brooklyn Family Lawyer from Stephen Bilkis & Associates, PLLC is familiar with and knowledgeable about matters of Family Court and Divorce. So if you find yourself dealing with a Divorce proceeding, or with a Child Support issue, Child Custody matter, Visitation or Paternity issues, Order of Protection, or even an Abuse & Neglect case, we can help. With a free initial consultation, you’ll have the opportunity to discuss your case and your rights with a Brooklyn Family Lawyer in our office. Come to our New York City locations—in Brooklyn, of course, as well as in Manhattan, and also in Queens, out on Staten Island (Richmond County), and additionally in the Bronx. We’re also located east of NYC on Long Island, with offices not just in Suffolk County, but as well in Nassau County. And if you’re north of New York City, come to us in Westchester County. Call now: 800.696.9529.