Staten Island Child Support Lawyer
Any Staten Island Child Support Lawyer will realize that settling Child Support frequently is more divisive than Paternity, Custody or Visitation issues that may arise during a Family Court battle or a Divorce proceeding in Richmond County Supreme Court.
A Standard Formula
As a Staten Island Child Support Lawyer knows, there is a standard that is going to be followed by New York Courts to set the Child Support amount. What that standard does is to specify a formula: the parents’ two incomes are combined, then that total is multiplied by a fixed percentage—a number based on (as you might expect) the number of children. See below for these percentages:
- For one (1) child: 17%
- For two (2) children: 25%
- For three (3) children: 29%
- For four children (4): 31%
- For five (5) or more children: 35%
Those numbers function as the Court’s basic guideline, its standard initial starting point. Please take note, though: a calculation of payment sometimes is also shaped by numerous added considerations. Plus, the noncustodial parent will be obliged to pay a share of the costs such as for education, and for any needed daycare, of course also for medical bills. Such costs come above and beyond the total Child Support payment.
You should understand that the percentages listed above apply until a total combined income of $80K is reached. When the two parents’ total income is in excess of that figure, the Staten Island Family Court can decide to cap at this 80K level, or if it is appropriate to calculate based on an amount over 80,000. Various factors shape a final decision. For instance, the Staten Island Family Court may consider your child’s living standard before you and your spouse separated, whether any needs exist for non-party children, disparity in income between the 2 parents, and also visitation expenses, if any.
Sample of this calculation:
- Two parents have one child
- The father earns $100,000.00; the mother also earns $100,000.00
- Their combined income total is $200,000.00
- Pro rata share is 50% of final amount
- Staten Island Family Court caps the income for a support calculation at the level of $150,000.00
- The result: the non-custodial parent will pay 17% of $75,000.00 (less Social Security)
- Further: 50% serves as the rate by which to divide other expenses—medical, daycare, education (these costs are in addition to the parent’s Child Support obligation)
Requests to Increase Your Support Amount / Decrease Your Support Amount
Every Staten Island Child Support Lawyer at Stephen Bilkis & Associates, PLLC is very familiar with this inquiry: “Can you please help me get an increase (upward modification) in my child support?” And on the flip side, we also often hear: “Can you please help me get an increase (downward modification) in my child support?” In either request, your Staten Island Child Support lawyer knows that any adjustment in the support amount comes down to this: Legally, for you to get increased or decreased child support, a substantial change must have taken place in the circumstances of the parties who are involved.
These are examples of changes potentially leading you to receive increased Child Support:
- Substantial raise in pay
- Change in your daycare arrangements for the child/children
- Increase in child’s needs (tutoring is needed, etc.)
These are examples of changes potentially leading you to receive decreased Child Support:
- Parent loses his/her job (and is not at fault)
- Parent loses income from overtime work
- Parent faces increased medical bills
The Staten Island Family Court considers events like these, and takes a look as well at the financial disclosures presented to them by both parents. From there, they will arrive at a decision about whether a change in Child Support is appropriate.
Regarding payments, there’s also the question of arrears. Your Staten Island Child Support Lawyer will answer your questions about how to possibly reduce arrears. Please understand that the Staten Island Family Court can not decide this issue; the decision is not in their hands. Only the party who is owed money can choose to give you a reduction in arrears. If Child Support Enforcement acts to suspend your license/passport, no doubt this can present difficulties. However, even in instances of financial hardship, reinstatement of such items can happen only when your arrears have been paid.
Talk to Us Today
At Stephen Bilkis & Associates, PLLC, you’ll find a Staten Island Child Support Lawyer with broad experience with Staten Island Family Court. We know how to handle all types of Family Law cases, whether Child Support or Child Custody, your Divorce case, your Visitation (including grandparents rights cases or a Paternity case (fathers rights), and even an Order of Protection or cases of Abuse and Neglect. Call 1.800.NY.NY.LAW (1.800.696.9529) for your no-cost consultation and the chance to receive advice from a Staten Island Family Lawyer. Meet us in our Staten Island office, or in any of the other NY City boroughs—we have an office in each, in Brooklyn, also in Queens, along with the Bronx and of course in of course in Manhattan. Our Long Island offices are found in Suffolk County and also in Nassau County. And if you’re in Westchester County, you can visit us in our office there.