Queens Child Support Lawyer
You will also find out from your Queens Child Support Lawyer, however, that a guide is followed in New York State for the Court to determine when settling on Child Support amounts. This formula combines the income of the two parents, then applies percentages to this combined total and prorating the amount of child support between the two parties in proportion to each of their incomes. The percentage that will be applied to the parents’ combined parent’s income is listed here:
- Seventeen (17) percent when there is only 1 child in the family
- Twenty-five (25) percent when there are 2 children in the family
- Twenty-nine (29) percent when 3 children are in the family
- Thirty-one (31) percent for a family with 4 children
- Thirty-five (35) percent for 5 children or more
Please note that this serves to be a guideline only, the standard starting place. Other considerations can also influence the Queens Family Court final decision. Further, the noncustodial parent can also be held answerable for paying their fair portion of other expenses—such as for education, daycare, and healthcare. These costs will then be added to a total child support payment.
The $80,000 Cap
Those standard percentages above apply up until a total of $80,000 combined income. When two parents’ combined income is greater than this number, the Queens Family Court retains the discretion over whether to either cap their child support calculation at this $80,000.00 level, or to decide that the calculation can exceed that threshold. Various factors will come into account, shaping a final determination. The Court might weigh, for example, the child’s living standard from before its parents separated, the needs of non-party children (if any), the expenses incurred via visitation, and, among other factors, the disparity in income between the child’s parents.
Example calculation: A father and mother together have just one child. The parents each earns an income of $100,000, making their combined total $200,000. Their pro rata share is 50 percent of the final amount. Queens Family Court decides to cap income for the calculation at $150,000, so that the noncustodial parent ends up paying child support that is 17% of $75,000 (minus Social Security). That 50% share will, additionally, serve as the rate when dividing other expenses in addition to the Child Support payment, such as medical costs and/or daycare costs.
Increases / Decreases in Support Payments
At our offices, every Queens Child Support Lawyer hears this question often: “How can I increase the child support amount I receive?” Just as often, we’re asked: “How can I decrease the amount of child support I pay?” In either case, your Queens Child Support lawyer must start from the same consideration: Has there been a serious change in circumstances? Legally, this is required for any increase or any decrease to be seen as warranted.
What constitutes a major or serious change leading to an increase in payment? If the parent who pays support was given a large pay raise, if the child’s daycare situation changed, or if certain needs of the child increased or otherwise changed—perhaps they require tutoring, for example. The Queens Family Court examines such events, as well as both parents’ financial disclosures, then decides if an increase should be considered as warranted.
What constitutes a change significant enough to lead to a decrease in payment? If the parent has lost his or her job (and are not at fault for this), if that parent has lost overtime pay, of if that parent faces an increase in their medical expenses—in these instances, lowering the amount of child support paid may be viewed as warranted.
Another question a Queens Child Support Lawyer gets asked is whether a reduction in arrears can be given by the Queens Family court. Unfortunately, the reply to that question is no, the court cannot reduce arrears. Any reduction in them can be given only by a party to whom the amount is owed. Your driver’s license or even your passport may be suspended due to arrears, but only paying your arrears will get them reinstated, even when you legitimately face financial hardship.
Call Us Today
Every Queens Family Lawyer in Stephen Bilkis & Associates, PLLC’ offices has familiarity and knowledge in handling Family Court matters, including Divorce cases. If you are dealing with Divorce, an issue of Child Support issue, a Child Custody case, Visitation matters or Paternity issues, any Order of Protection, or an Abuse & Neglect matter, we’re here to offer assistance. Call 1.800.NY.NY.LAW (1.800.696.9529). A free initial consultation for you lets you tell us about your case and hear about your rights from a Queens Family Lawyer. Visit any of our NYC offices—in Queens, of course, and elsewhere in New York City, too—whether Brooklyn or in Manhattan, also out in Staten Island, additionally up in the Bronx. We are also located in the east of New York City on Long Island, with our offices in Suffolk County, as well as in Nassau County. For clients in the north of NYC, come to our Westchester County office.