Smithtown Child Support Lawyer
Child support is a legal responsibility enforced on parents from the moment of their child’s birth until they reach adulthood. This duty persists regardless of the parents’ marital status, so in situations involving divorce, child custody disagreements, paternity proceedings, or other family law matters involving children, the question of child support will need resolution either through a negotiated agreement between the parents or court proceedings. In such crucial times, our Smithtown child support lawyer can prove invaluable to guide you through this process.
Understanding Child Support in New York
It’s essential to note that both parents are accountable for financially supporting their children. This support includes providing financial assistance and health insurance until the child turns 21 years old. The child support obligation can cease earlier if the child becomes self-sufficient by getting married, becoming financially independent, or joining the military. Conversely, the child support obligation can extend until age 26 for a child with a disability.
In general, child support will be paid by the non-custodial parent to the custodial parent. In New York, a custodial parent is defined as one who has physical custody of the child more than 50% of the time. If the parents have joint custody and share their time with the children equally, then the parent with the higher income will typically be responsible for covering at least the costs of healthcare and daycare for the children.
New York has established guidelines to compute the amount of child support to be paid from the non-custodial parent to the parent with primary custody. These guidelines consider the incomes of both parents, each parent’s custodial timeshare, and the number of children being supported. The parents’ combined incomes are multiplied by a percentage depending on the number of children supported, from 17% for one child to 35% for five children or more. This result is then divided based on each parent’s net income, arriving at a monthly support amount to be paid to the custodial parent.
How a Smithtown Child Support Lawyer Can Assist
Child support calculations may seem straightforward, but they can quickly become complicated. Each parent must complete a Statement of Net Worth outlining all their income, expenses, assets, property, and debts. If a parent is self-employed, unemployed, or underemployed, determining the correct income level to report can be complex.
Our experienced child support lawyer can help in this process by ensuring that both you and your co-parent are reporting all income and expenses, property, and debts accurately. If one parent attempts to underestimate their income or conceal property to avoid paying more in child support, it’s the child who suffers. Our team can provide technical assistance, employing forensic accountants or other experts as needed, to ensure child support is accurately calculated by you and your child’s other parent.
It’s vital to note that the amount calculated using the guidelines is presumed to be correct, but the parents can agree on a different amount. As long as the judge believes the amount serves the children’s best interests, the court can approve a different amount agreed to by the parties. We are ready to collaborate with parents to negotiate an arrangement that addresses your family’s unique needs.
One parent could argue that the guidelines amount is unjust or inappropriate and ask the court to approve a different amount, even over the objection of the other parent. If you’re seeking or opposing a deviation from the guidelines amount in a contested hearing, you need robust representation from an experienced litigator who knows how to gather the factual evidence and legal arguments that will substantiate your position in court.
Contact a Smithtown Child Support Lawyer Today
For practical advice, expert assistance, and effective legal representation when it comes to determining child support in your New York divorce, paternity case, or child custody dispute, reach out to our experienced Smithtown child support lawyer at the Law Office of Joshua Adam Kittenplan today. We are committed to ensuring that your children receive the financial support they deserve.
