Bronx Child Support Attorney

Experienced Bronx Lawyers for Your Child Support Needs

Our firm is prepared to help with any type of child support situation. Whether you are a custodial or noncustodial parent with a child support issue which needs to be resolved, we can help. In addition, we can assist if you are trying to determine custody as part of a divorce, in a post-divorce situation, or as an unmarried parent in a paternity case. In addition, our child support attorney in Bronx, NY can provide the following:

  • Focused On Family Law Cases
  • Foundation Of Trust & Communication
  • Powerful Insight Into Bronx Legal Community
  • Quality Representation At A Fair Rate
  • Free Case Evaluations Provided

Our child support lawyer in Bronx, NY, can advise you on all legal aspects regarding child support in your situation and represent you in any court proceedings. Our firm focuses on family and divorce law exclusively, which means that we are current and well-versed in case law and court procedure concerning this issue. 

Need help with child support? Contact The Franklin Law Firm at (347) 378-1170
 for a consultation today!

Could My Child Benefit From Child Support Payments?

Thousands of parents pay or receive child support across New York City, but many people are still unaware of some basic facts of such as:

  1. Child support typically continues until the child is 21, unless the child is married, in the military, or self-supporting before they turn 21
  2. The parent with legal custody is able to file for child support
  3. If you receive a support order, you have 30 days to file an Objection with the court. The family judge will then decide what is best for the child.

Under New York law, parents are required to provide financial support for their children until they are 21. Child support includes cash payments based on one's income and the needs of the child, health insurance or medical support for the child, payments for child care, and payments for health care costs that may not be covered by health insurance.

Modifying Child Support Orders

Life changes can impact a parent's ability to meet child support obligations. If a parent experiences a significant change in circumstances, they may need to modify their child support order. The court allows modifications in specific situations, including:

  • Loss of Income: If a parent loses their job or faces a significant reduction in income, they may petition the court to lower their child support payments.
  • Health Issues: Serious illness or injury that affects a parent's ability to work may be grounds for a child support modification.
  • Changes in the Child’s Needs: If a child’s needs increase, such as requiring special education or healthcare services, this can justify a request to increase child support payments.
  • Change in Custody: If there is a change in the custody arrangement, such as the child spending more time with one parent, it can affect child support calculations.

To modify a child support order, a parent must file a petition with the court, demonstrating that there has been a substantial change in circumstances. The court will then review the case and decide if a modification is appropriate.

Child Support Enforcement

When a parent fails to make child support payments, it’s essential to take steps to enforce the order. New York has several methods to ensure that child support payments are made:

  • Wage Garnishment: The court can order that child support payments be automatically deducted from the noncustodial parent’s wages.
  • Tax Refund Intercepts: If a parent is behind on child support, the state can intercept their tax refund to cover unpaid support.
  • Suspension of Licenses: A parent who fails to pay child support may face the suspension of their driver’s, professional, or recreational licenses.
  • Legal Penalties: In extreme cases, a parent who refuses to pay child support may face jail time or fines.

The Child Support Enforcement Program works to collect and distribute payments, and parents who are owed child support can contact this program for assistance.

Impact of Child Support on Custody Arrangements

Child support and custody arrangements are closely linked. The amount of child support a parent is required to pay can be influenced by the custody arrangement. Here’s how:

  • Custodial Parent: The parent with primary custody usually receives child support payments from the noncustodial parent to help cover the child’s living expenses.
  • Shared Custody: In shared custody arrangements, where the child spends roughly equal time with both parents, child support payments may be adjusted based on the parents' incomes and the amount of time the child spends with each parent.
  • Changes in Custody: If custody changes, such as a shift from one parent to another or a modification of visitation, child support may need to be recalculated to reflect the new arrangement.

The goal of both child custody and support arrangements is to ensure the child's well-being. Child support payments are designed to maintain the child’s standard of living, even if parents no longer live together.

Calculating Child Support Payments in NY

One of the most common questions asked by parents is how the court determines the amount of support to be paid. The family judge will consider such factors as:

  • The emotional and physical needs of the child
  • The financial resources of both parents
  • The child’s standard of living before the divorce
  • Any special needs the child may have
  • Whether one parent has substantially less income than the other parent
  • Whether the noncustodial parent is paying support for any other children

Family Courts have to determine the amount of child support payments that a noncustodial parent must pay. If you have questions about your unique situation, our child support lawyers in Bronx, NY, are here to help you.

Guidelines for Child Support in New York State

Standard guidelines are used by New York courts to determine child support payments. These guidelines are based on the adjusted gross income of the parent and the number of children involved. For those with an income exceeding $130,000 annually, the court will decide whether or not to use the guidelines and may consider additional factors in calculating child support.

New York maintains a Child Support Enforcement Program which has been established to collect and distribute support payments, enforce child support orders, and provide procedures to obtain court orders for child support.

Frequently Asked Questions (FAQs)

  • How can I modify my child support payments?
    To modify your child support payments, you must file a petition with the court. This is typically done when there has been a substantial change in circumstances, such as a change in income, health, or custody. The court will then review your case and decide if a modification is necessary.
  • What happens if the noncustodial parent doesn’t pay child support?
    If the noncustodial parent fails to pay child support, there are several enforcement options available, such as wage garnishment, tax refund intercepts, or the suspension of licenses. In severe cases, the court may impose fines or jail time.
  • Can I request a reduction in child support if my income has decreased?
    Yes, if your income has decreased due to circumstances like job loss, illness, or another significant change, you can request a reduction in your child support payments by filing a petition with the court to modify the order.
  • How does child support work in joint custody situations?
    In joint custody arrangements, where the child spends equal time with both parents, the child support payments may be adjusted based on each parent's income and the amount of time the child spends with each parent. The goal is to ensure the child’s needs are met in both households.
  • Can child support payments end before the child turns 21? 
    Child support in New York typically continues until the child turns 21. However, if the child gets married, joins the military, or becomes self-supporting before turning 21, support may end earlier. If there are special circumstances, such as a child with disabilities, support may extend beyond age 21.
  • What if I disagree with the child support amount set by the court?
    If you disagree with the amount of child support set by the court, you have the option to file an appeal or request a modification. It’s important to present evidence supporting why the current amount should be changed.
  • How long does it take to receive child support after it’s ordered?
    Once a child support order is established, payments can typically begin within a few weeks, depending on the enforcement method chosen. This may include wage garnishment, direct payments, or other collection methods. 

Facing child support issues? Contact us at (347) 378-1170 for expert guidance and support.

Can Child Support be Modified in New York?

Parents can file for a modification in their child support order by submitting a Child Support Modification Petition. The petition will then be reviewed by a judge in family court. There are several factors that the petitioning parent can use for the modification request:

  • One parent's income has increased or decreased 15% or more since the order was first made or since it was last modified.
  • There has been a substantial change in circumstance, such as a great increase in the child's medical care costs.
  • Three years have passed since the order was first made or last modified.

Related Reading

Are you facing issues with child support? Contact The Franklin Law Firm today at (347) 378-1170 or online to schedule a meeting with our child support attorney in Bronx, NY. 

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