Westchester County Child Support Lawyer

Parents who chose a Westchester town for its schools usually want the children to stay there after a separation, and child support often decides whether that is possible. In some families, one parent commutes to a Manhattan job with a large year-end bonus while the other works closer to home or cares for the children full time. Stephen Bilkis & Associates helps Westchester parents on both sides, whether they are asking for support or being asked to pay it.

Westchester County child support lawyer Stephen Bilkis brings close to 30 years of practice in support, paternity, enforcement, and other family law cases. Over that span, the firm has taken on more than 600 child support cases, backed by attorneys with a combined 300-plus years in practice.

A parent raising the children may worry that a formula will ignore what the household actually spends on activities, tutoring, and college savings. A parent asked to pay may fear that a bonus earned once will be treated as permanent, or that every dollar above the state cap will be counted. Parents of teenagers often want to know who will cover college. Each consultation begins with your side of what happened. Then we build the case around the compensation records, school costs, and family budget that support it.

Recognition from respected legal sources reflects the work of the firm’s founder. Stephen Bilkis holds a spot on the New York Super Lawyers list, an honor that only 5% of attorneys statewide receive. He has also earned Avvo’s Excellent designation, Justia’s Top-Rated Lawyer listing, and recognition from Expertise.com and TopLawyer.com.

Child Support When Westchester Parents Earn Above the Cap

High incomes can make support feel unpredictable for both parents, since the law gives judges real discretion once earnings pass a certain point. Stephen Bilkis and his team prepare for that discretion by documenting what the children actually need and what each parent can afford. We do not assume a court will simply apply a percentage to every dollar.

The guideline percentages apply automatically only to combined parental income up to the statutory cap, currently $193,000. Fam. Ct. Act § 413. Above the cap, the court may apply the percentages, weigh the factors listed in the law, or do both, and it must explain its choice. Parents who live in Yonkers should also know that Yonkers income tax, like New York City income tax, is subtracted from income before the calculation.

Westchester cases show how much that discretion matters. In Chung v. Adetayo, the Appellate Division found it was an improper use of discretion to apply the percentage to all combined income above the cap, and it limited the calculation to $217,800. 221 A.D.3d 999 (2d Dep’t 2023). In Goldstein v. Lika, the court upheld an order applying the percentages only up to the cap after the support magistrate weighed the children’s expenses and the parents’ resources. 226 A.D.3d 1016 (2d Dep’t 2024).

Consider a mother in Scarsdale whose former spouse earns well above the cap and argues that support should stop at $193,000. Our first step would be to document the children’s actual expenses, from school costs to activities, and compare them with the father’s resources. A Westchester County child support lawyer from our firm would then ask the court to count income above the cap and explain why the children’s needs justify it.

High earners also ask whether investment income counts. It does. Income for child support includes investment income, reduced by the costs of earning it, along with income a parent chooses to defer. We review brokerage statements and deferred compensation records so nothing is left out.

College Costs and Child Support in Westchester

Planning for college can bring real anxiety when parents no longer share a household or a budget. Stephen Bilkis helps parents work out who will pay for tuition, housing, and books, whether through an agreement or a court order. We look at the child’s plans early, often years before the first tuition bill arrives.

According to the U.S. Census Bureau, 53.1% of Westchester residents age 25 and older hold at least a bachelor’s degree, and our attorneys regularly handle college expense questions in support cases. Paying for college is not automatic under New York law. A court may order contributions to post-secondary education when it finds that appropriate in light of the family’s circumstances and the child’s best interests. Fam. Ct. Act § 413(1)(c)(7).

Agreements often set limits on what each parent pays. In Heintzman v. Heintzman, a Westchester agreement capped each parent’s share at the average cost of SUNY Albany and SUNY Binghamton. The Appellate Division sent the case back because the support magistrate relied only on the mother’s cost figures without explaining why she disregarded the father’s. 157 A.D.3d 682 (2d Dep’t 2018).

Parents paying for a dorm room often wonder whether basic support continues while the child is away. Support generally continues until age 21, but some agreements and court orders give the paying parent a credit for room and board, so the same costs are not paid twice. A Westchester County child support lawyer at our firm reviews the agreement or order before tuition is due and makes sure any credit is properly applied.

Westchester Family Court Locations and the Filing Process

Starting a support case often comes after months of trying to work things out privately, and that decision can feel heavy. Stephen Bilkis & Associates helps parents decide whether court is the right next step or whether a negotiated agreement can be reached first. Because Westchester incomes can include bonuses and deferred pay, we start gathering those records before any petition is filed.

Westchester County Family Court hears support cases at three locations: 111 Dr. Martin Luther King Jr. Boulevard in White Plains, 131 Warburton Avenue in Yonkers, and 26 Garden Street in New Rochelle. Parents may bring the case in whichever county either of them calls home. Fam. Ct. Act § 421. A Westchester County child support lawyer with our firm can take these steps for you:

• Matching the case to the right court. We confirm whether the request belongs in Family Court or in a pending divorce.
• Valuing the full compensation package. We gather pay stubs, bonus statements, and deferred compensation records.
• Building a school-year budget. We list tuition, child care, and activity costs the court may consider.
• Notifying the other parent. We file the petition and arrange proper service.
• Seeking an interim order. We request temporary support so payments can begin before a final decision.
• Reaching a final order. We work toward terms both parents can sign and stand ready to present evidence if they cannot.

Modifying a Westchester Support Order After a Job Change

Losing a paycheck, or a large part of one, is frightening enough without a support order that still expects the old salary. Stephen Bilkis compares a parent’s pay history over several years before deciding whether a change is worth pursuing. We also help parents respond when the other side seeks a change they believe is not justified.

For a father in Rye whose year-end bonus shrank sharply after a weak year at his firm, our work would begin with his compensation history and the firm’s bonus records. A drop of 15% or more in gross income can justify a lower amount, but only if it was involuntary and the parent has made diligent efforts to find work suited to his education, ability, and experience. We would show that the cut came from the firm’s results rather than his own choices, and document any search for comparable positions. A court can also change an order entered on or after October 13, 2010, for a substantial change in circumstances or once three years have passed. Parents can waive the three-year and 15% grounds in a valid written agreement, and older orders may be treated differently. Fam. Ct. Act § 451.

A parent who was fired may wonder whether that counts as involuntary. It depends on why. Courts generally require a parent seeking a reduction to show the job ended through no fault of their own, so a firing caused by the parent’s own misconduct usually will not support a lower amount. We look closely at the circumstances of any termination before advising a parent to file.

Overdue Child Support in Westchester County

Unpaid support can quietly grow into a large debt before anyone acts, and that debt weighs on both households. Stephen Bilkis & Associates reviews the full payment history, including older arrears that may still be collectible. For a parent who is behind, we look for ways to bring payments current before penalties escalate.

When a court finds that support was not paid, its responses generally range from less to more serious. Fam. Ct. Act § 454.

• Money judgment. The court can turn the unpaid amount into a judgment that can be collected like other debts.
• License suspension. The court can suspend a parent’s driver’s license or a state professional or business license.
• Probation. The court can place a parent on probation under conditions it sets.
• Jail. For a willful failure to pay, the court can order up to six months in jail.

Courts presume that missed payments were willful, so the paying parent carries the burden of showing a real inability to pay. A Westchester County child support lawyer can help either parent prepare the proof that decides these cases.

Parents owed years of support sometimes ask whether it is too late to collect after the children are grown. Generally, it is not. A case to enforce a support order or judgment can be brought up to 20 years after each missed payment. N.Y. C.P.L.R. 211(e). We pursue older arrears with the same care as recent ones.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

Support problems tend to grow when they are left alone, which is why our first consultation is free. Parents seeking support, responding to a petition, or dealing with an existing order can reach an experienced child support attorney serving Westchester County at Stephen Bilkis & Associates at 800.696.9529 today. Tell us about the children, the current arrangement, and any deadlines you are facing. We will discuss your situation and identify the next steps that may be available.

Whichever attorney takes your call, Stephen Bilkis oversees the firm’s work. Super Lawyers includes him on its New York roster, open to just 5% of the state’s attorneys, and Avvo scores him Excellent. Justia’s Top-Rated Lawyer recognition and honors from Expertise.com and TopLawyer.com add to that record.

Stephen Bilkis & Associates works with clients throughout Westchester County, from Yonkers and New Rochelle to White Plains and Peekskill, as well as Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, and other communities in the New York area.