Divorce is rarely a painless experience for either party involved – especially when children are involved. Even in the most amicable of divorces, the topic of child support payments may create a rift between spouses, much to the detriment of the entire family. Whether you want to develop a child support agreement outside of court or need expert representation in front of the Family Court Judge, then David Carr & Associates should be your first call.
Child support is money paid by the noncustodial parent to the custodial parent for the purposes of caring for their child (or children) until the child reaches the age of 21. Child support obligations help cover the cost of food, clothing, shelter, medical care, childcare, and health insurance. Typically, the noncustodial parent is responsible for paying child support to the parent who has custody of the child. However, if the parents split custody 50/50, then the court will help decide which parent is responsible for paying child support.
Child support obligations in New York are calculated by totaling the two parents’ incomes and multiplying by a certain percentage based on the number of children. Currently, those percentages are:
To calculate the base child support payment, the multiplied number is then prorated based on the percentage of income each parent makes. The noncustodial parent will be responsible for paying his/her prorated portion.
For instance, let’s say the custodial parent makes $40,000 a year and the noncustodial parent makes $60,000 a year and they have three children.
$40,000 + $60,000 = $100,000
$100,000 x 29% = $29,000
That means the state expects that the parents will spend approximately $29,000 on living costs for their three children throughout the year. Now comes the next step—calculating the percentage of income that each parent brings to the table.
$40,000 = 40% of the family’s total annual income (custodial parent)
$60,000 = 60% of the family’s total annual income (noncustodial parent)
The noncustodial parent is therefore responsible for 60% of the child support payments:
$29,000 x 60% = $17,400
The noncustodial parent will be responsible for paying the custodial parent a base of $17,400 in child support annually. It is important to note that in certain instances, the noncustodial parent may be responsible for more than the base payment.
It may be tempting to approach your child support case ‘pro se litigant,’ or acting as your own attorney. Unfortunately, over 45% of U.S. parents don’t get the full support they are owed in the US. At David Carr & Associates, we are experts in our field, making us the ideal choice for child support lawyer in NY. We are proactive in providing the necessary support to allow for the enforcement, establishment, and management of owed money as efficiently as possible. Put simply, the best way to get the outcome you want is to work with a law firm that has specific insight and knowledge of the subject matter at hand.
We work with custodial parents to ensure that their children receive legally appropriate and continual child support payments from noncustodial parents. Under The Child Support Standards Act, both parents are legally obligated to provide the financial support required to protect and enhance their children’s quality of life. We’re here to make that happen.
Do you already have child support orders in place, but your ex-spouse has failed to pay, or hasn’t paid the full amount? We’re well-equipped with the knowledge and experience to help you build a strong court case while ensuring that the process is as fair and efficient as possible. We represent clients throughout the Buffalo, NY area and New York City and are the best choice when it comes to the complicated process of establishing or modifying child support arrangements.
If you do not have shared custody or sole custody of your child, or if you do have 50/50 shared custody, but you earn a higher salary than your ex-spouse, then you are likely the parent who will face child support obligations. However, that doesn’t mean you have to accept every term dictated to you by your ex-spouse, especially when it comes to unrealistic expectations or financial requirements that just aren’t feasible in the long-term. From unforeseen circumstances to bankruptcy or remarriage, there are countless reasons why your original child support orders may need to be revised.
Are you struggling to make unfair child support payments? If you’re finding it difficult to make payments, it’s no use burying your head in the sand. Should you fail to pay, your credit history could be affected, your wages could be garnished, and in certain cases, you may even have to serve jail time.
By working with local child support lawyers in NYC and Buffalo who are experienced at amending, calculating, and even reducing payments to match the noncustodial parent’s financial capabilities, you can be certain that you are supporting your child to the best of your ability, while still maintaining your current lifestyle. At David Carr & Associates, we deal with helping noncustodial parents achieve fair support payments, and we are experts in ensuring that you are following the letter of the law when it comes to meeting your child support obligations.
Whether your ex-spouse is paying less than his fair share or you are struggling to keep up with payments, we are the best choice for helping your children get the financial support they need. With our background in New York State Family Law, we know the ins and outs of the Family Court system and will help you create a plan for child support that both parents agree upon. Not only that, but we’ll do so in a manner that’s transparent, professional, and effective.
For more information or to schedule a free consultation, contact David Carr & Associates today.