Westchester Child Support Lawyer
Any Westchester County Child Support Lawyer knows the question of Child Support frequently becomes the one that’s most contentious between parents during a Divorce case or a child support case In fact, on many occasions; it is litigated more than Custody or Visitation in the Westchester Family Court.
Your Westchester County Child Support Lawyer also knows, though, that there is a guide for the court to follow when determining Child Support in the state of New York. Courts use a formula that will 1) combine the two parents’ incomes, then 2) multiplies that total income by a certain percentage and then prorating the child support amount between the 2 parties proportionally to their incomes. Below you will see the percentage that’s applied to the total combined income of a child’s parents:
- Seventeen (17) percent if there’s one (1) child in the family
- Twenty-five (25) percent if there are two (2) children in the family
- Twenty-nine (29) percent if there are three (3) children in the family
- Thirty-one (31) percent if there are four (4) children
- Thirty-five (35) percent if there are five or more (5+) children
Only a guideline only, the above numbers provide a starting place for attaining an order of support. Further considerations may influence the Westchester County Family Court’s final decision. Note also that the noncustodial parent furthermore can be obligated to pay a portion of expenses ranging from education, to the cost of daycare and the cost of a child’s healthcare.
Beyond the $80,000 Income Cap
Those percentages we list above apply until your combined income reaches or goes over $80,000. If the two parents’ have a combined income that is greater than that figure, Westchester County Family Court has the discretion to either 1) cap its support calculation at that $80,000.00 level, or 2) choose to have its calculation use a number beyond that. Various factors come into the decision here; the Court, for example, may weigh what the standard of living was for the child prior to the parents’ separating, if there are needs for non-party children in the family, if visitation leads to extra expenses, and if there is a notable difference in parents’ earning levels.
To aid in illustrating these calculations, here is an example for you:
- A father and mother have 1 child.
- Both the father as well as the mother has a $100,000 income.
- This gives them $200,000 in combined total income.
- The pro rata share for both of these parents is 50 percent of the final amount.
- Westchester County Family Court elects to cap income for their calculation, with $150,000 as the cap.
- The result: noncustodial parent winds up with a child support payment of 17% of $75,000 (minus Social Security).
- 50% will furthermore serve as a rate in dividing extra expenses—medical, education, etc.—which must be paid in addition to a support payment.
Requesting an Increase or Decrease in Your Support Payments
In our offices, each Westchester County Child Support Lawyer is very familiar with the question of how to increase the child support received, as well as how to decrease the child support paid. Either way, a Westchester County Child Support lawyer starts from the same point: Has any noteworthy change in circumstances occurred? Legally, that is the requirement for any increase in payment amount or any decrease in payment amount to be considered as warranted.
What will count as a significant or major change that could lead to your increase in payment? When a big raise in pay is received, when the daycare situation has changed, when certain child’s needs have increased or changed—now tutoring is needed, for example. These are instances that might be enough to increase the support paid
What will count as a significant or major change that could lead to your decrease in payment? Here are a few examples: When a parent has a loss of employment (if they’re not at fault), when a parent loses their overtime pay, when a parent is facing higher medical expenses. These are instances that might be enough to lower the support paid.
Reducing Your Arrears
Yet another inquiry a Westchester County Child Support Lawyer will often be asked is if a arrears can be reduced by the Westchester County Family court. Understand that the court can not reduce your arrears. Reductions can be given solely by the person to whom the money is owed. Your license or your passport may get suspended because of arrears. If so, the only way to get them reinstated is by paying the arrears.
Get Advice Now
Every Westchester County Family Lawyer in Stephen Bilkis & Associates, PLLC’ offices will share with you his/her knowledge of Family Court cases. We can help in your Divorce case, your Child Custody or Child Support case, any Visitation matter or Paternity issue, your case about an Order of Protection, as well as any Abuse & Neglect matter. We can help protect your rights. Call us by dialing today: 1.800.NY.NY.LAW (1.800.696.9529). Our free initial consult with you provides a chance to discuss your case with a Westchester County Family Lawyer. Visit us at our NYC area locations—in Westchester County, of course, and elsewhere in the area around New York—whether Queens or in Manhattan, also over in Staten Island, additionally in Brooklyn and in the Bronx, too. Come to our offices on Long Island, if you choose, in Suffolk County, or in our location in Nassau County. And for our clients north of NYC, visit us in our Westchester County office.