Manhattan Child Support Attorney
Assisting Clients With Child Support Matters in Bronx, Brooklyn, Queens, and Nassau
Child support is one of the most important issues to consider when parents are going through a divorce. It is vital for parents to understand the New York child support laws and the process for determining child support payments. At the Law Office of Patricia M. Machado, P.C., we understand how important child support payments are and how they can impact a child's daily life. We will work diligently to ensure that you and your family are supported throughout the legal process.
Request a consultation with our Manhattan child support lawyers by calling (646) 355-1560.
What is Child Support?
Child support is considered a legally mandated payment from one parent to the other for the purpose of supporting their shared children financially. This obligation typically falls on the non-custodial parent, who is required to make regular payments to the custodial parent. The amount is determined by several aspects, including the income of both parents, the needs of the child, and the amount of time each parent spends with the child.
The goal of child support is to ensure that the child’s standard of living remains consistent despite changes in the family structure.
This includes covering costs such as:
- Housing and utilities
- Food and clothing
- Medical expenses and insurance
- Educational fees and supplies
- Extracurricular activities
How Is Child Support Calculated In New York?
The New York child support guidelines help determine how much child support will be paid by the non-custodial parent. In order to calculate child support, the court takes into account the gross income of both parents and the number of children they share. The court will then apply the New York child support guidelines to determine the monthly support amount.
It is important to remember that the New York child support guidelines are just a guideline, and the court can deviate from the guideline amount if it is deemed necessary. The court may take into account any additional costs or the cost of providing a child with a certain lifestyle. For example, if the child is involved in extra-curricular activities, such as sports, the court may decide that the child needs to be provided with a certain level of equipment, and that cost should be factored in as well.
Parents may also come to an agreement about child support payments rather than let the court decide. In this case, they will need to sign a written agreement, which will then be submitted to the court for approval. If the parents cannot agree on child support, the matter will be decided by the court based on the New York child support guidelines.
What Age Do You Stop Paying Child Support in New York?
In New York, the obligation to pay child support typically continues until the child reaches the age of 21. However, there are several circumstances under which child support payments may terminate earlier or be extended.
Early Termination
Child support may end before the age of 21 if the child:
- Becomes legally emancipated by getting married, joining the military, or becoming self-sufficient.
- Is no longer under the supervision of the custodial parent and has moved out to live independently.
- The court decides, in rare cases, that support is no longer necessary.
Extended Support
In certain situations, child support obligations can extend beyond the age of 21. For instance, if the child has special needs that require ongoing support, the court may order continued financial assistance to ensure their well-being. This is evaluated on a case-by-case basis, taking into account the child's needs and the parent's ability to provide support.
Can Child Support be Modified?
It is important to note that child support orders can be modified if there is a substantial change in circumstances. For example, if the non-custodial parent loses their job or if the custodial parent experiences an increase in expenses related to the child’s needs, either parent can petition the court for an adjustment.
Enforcement of child support orders is taken very seriously in New York. Failure to comply with a child support order can result in severe penalties, including wage garnishment, interception of tax refunds, suspension of driver’s and professional licenses, and even imprisonment. The Law Office Of Patricia M. Machado, P.C. can assist in both seeking modifications and enforcing existing orders to ensure compliance and support for your child.
How Does Shared Custody Affect Child Support Obligations in Manhattan?
Shared custody can have a significant impact on child support obligations in Manhattan. When parents share custody of their children, the court typically considers the amount of time each parent spends with the child when determining child support payments.
In cases of shared custody, child support calculations may take into account factors such as:
- The income of each parent
- Needs of the child
- Percentage of time the child spends with each parent
The idea is to ensure that both parents contribute proportionately to the financial support of the child based on their respective incomes and the time spent caring for the child.
It's essential to note that shared custody arrangements can lead to adjustments in child support amounts compared to situations where one parent has primary custody. The goal is to create a fair and balanced approach to support the child's well-being while considering the financial circumstances of both parents.
Contact Our Child Support Attorney in Manhattan Today
At the Law Office of Patricia M. Machado, P.C., our Manhattan child support attorneys understand how important child support payments are and how they can impact a child's daily life. We will work diligently to ensure that you and your family are supported throughout the legal process. Our child support lawyers in Manhattan, NY, will take the time to understand your financial situation as well as your child's needs. We will then work with you to help you come up with a plan that will be best for you, your family, and your child.
Request a consultation with our Manhattan child support lawyers by calling (646) 355-1560.
