Child Support Lawyer in Nassau County

Establishing Child Support in Long Island? Call (516) 260-4290!

When a couple with children decides to divorce, becomes estranged, or separates, the State of New York requires that support payments be agreed upon and followed as part of the dissolution. This is often one of the most contentious matters in any family law proceeding, but our Nassau County child support attorneys are prepared to help. We have an in-depth understanding of the law and will help you resolve your legal case in a way that protects your best interests and the best interests of your child.

We understand that each family situation is unique, which is why we take a personalized approach to each case. Our team works meticulously to gather all pertinent information that will give you the leverage needed during negotiations or court proceedings. Leveraging our extensive knowledge and legal strategy, we provide clients with comprehensive support tailored to their specific circumstances.

For assistance with your child support matter, contact Jason M. Barbara & Associates, P.C. today by calling (516) 406-8381.

New York's Child Support Standards Act

New York enacted The Child Support Standards Act in 1989 in an attempt to ensure child support payments are fair for the parties involved and consistent in every case. Awarded support is thus based on a formula that involves a percentage of the parents’ income and how many children the parents have. The percentage is calculated based on the combined total income of both parents prorated by how much each parent provides to that total.

How is Child Support Calculated in New York State?

The law takes into account several factors, such as the financial resources of the custodial and non-custodial parent, the standard of living that the child would have enjoyed had the family unit remained intact, and the physical and emotional health of the child, as well as their educational needs. This ensures that the support provided is indeed in the best interest of the child while considering the capabilities of both parents to contribute.

Under The Child Support Standards Act, support payments are set at the following:

• One child is 17% of parental income
• Two children is 25%
• Three children is 29%
• Four children is 31%
• Five children or more is a minimum of 35%

Generally speaking, these percentages are applied to a couple's combined income up to $136,000, which is an amount adjusted annually based upon an index. Beyond that amount, the court may or may not use these percentage guidelines. Additionally, there is an agreement that a child's medical expenses and educational expenses be provided for through emancipation, which is 21 years old in New York.

Contact Jason M. Barbara & Associates, P.C. at (516) 406-8381 to learn more from our skilled child support lawyers in Long Island.

Preparing for Child Support Calculations in Nassau County

Child support calculations in Nassau County follow the New York Child Support Standards Act, but certain nuances apply. For instance, income is not limited to wages alone; it encompasses bonuses, tips, and rental income, among other sources. Family courts in Nassau County meticulously audit all financial documents presented, ensuring no detail is overlooked. This rigorous process underscores the importance of thorough preparation. Clients must present detailed proof of income, including any changes in wages or employment status. This ensures that the court receives an accurate representation of each parent's financial standing.

Local courts also consider the extraordinary costs such as daycare and medical insurance in their determination of appropriate child support. Hence, documenting these dues can significantly affect the court's decision. Jason M. Barbara & Associates, P.C. assists clients in compiling comprehensive financial disclosures, involving meticulous record-keeping and future expense projections to facilitate a fair judgment. These efforts aim to protect the child's welfare while considering parental capacities.

What is the Child Support Process in Long Island?

When a couple first dissolves their marriage, the court approves the child support arrangement based on the income of each parent at the time of the divorce proceedings. This is not always simple because the court has leeway in determining what an appropriate award is.

For example, while the most recent tax returns would normally provide the court and the parties with a fairly accurate figure for calculation, according to the law, the amount must include not only regular income from employment, but also income such as:

• Workers' compensation benefits
• Unemployment insurance benefits
• Disability payments
• Veterans' benefits
• Pension or retirement benefits
• Fellowships, stipends, grants, or awards
• Annuity payments

While the income listed above often appears on tax return schedules, other types of income that the court may consider might not, such as:

• Fringe benefits
• Income provided by relatives and/or friends
• Income that a parent is entitled to

Additional Income to Consider in Child Support Cases

In addition to the type of income described above, there are some forms of income that are non-recurring, but that the court should consider in its calculation, including:

• Lottery winnings
• Gifts
• Inheritances
• Life insurance proceeds

It is critical to understand that non-recurring income can significantly impact the computation of child support payments. Therefore, presenting a comprehensive account of all income sources is essential during hearings. We work closely with clients to prepare these financial disclosures, ensuring that every relevant aspect is fully brought to the court's attention.

Certain amounts, such as taxes or other legally obligated payments paid by either parent are deducted from the income figure. The court can also take into consideration expenses such as childcare and healthcare expenses in making its calculation of support, as well as other anticipated costs, such as extraordinary educational expenses for the children.

If the court determines that the child support payment based on the established statutory guidelines are for some reason unjust or inappropriate, the judge retains the discretion to establish his or her own child support obligation, just as long as reasons why the amount ordered is both fair and appropriate are provided.

A skilled Long Island child support attorney from Jason M. Barbara & Associates, P.C. can guide you through the complicated laws surrounding child support calculations. Schedule a consultation with our firm today!

Can a Child Support Order Be Modified in Nassau County?

At Jason M. Barbara & Associates, P.C., our Nassau County child support lawyers understand situations where inconsistent income may create a hardship for either parent, such as after the loss of a job or when one parent gets a new job. In these cases, a modification is necessary to adjust support payments.

Under New York law, either parent may seek a modification when they experience the following:

• A significant change in their circumstances
• Three years have passed since support was modified or entered
• There has been a change of income by 15% or more

Navigating the legal process for child support modifications can be daunting. Our child support attorneys in Nassau County provide guidance through each step, ensuring that all procedural requirements are met promptly. We assist in drafting persuasive legal documents and offering representation during hearings, advocating for an outcome that aligns with your current financial capabilities and obligations.

It is important to remember that the obligation to pay to the terms of your child support agreement remains until the modification has been approved by the family law court. This is true even in cases of unemployment and bankruptcy, as modifications are not automatically triggered. You must speak with a child support lawyer in Long Island.

Failure to Pay Child Support in Long Island

Arrears is the legal term for owing back child support. This can add up quickly, which is why it is vital that you always pay the agreed upon amount or seek a modification as soon as your circumstances have changed.

If you are in arrears, the state can take action to collect. This can include:

• Taking any money directly from your bank accounts
• Notifying credit agencies, which will mar your credit report
• Using your tax refund or lottery winnings
• Suspending your driver’s license
• Sentencing you to time in jail

To prevent such drastic measures, it is essential to address arrears proactively. Our team at Jason M. Barbara & Associates, P.C. offers consultations to explore all available options for resolving back support payments, including negotiating with the other party, seeking court approval for reduced payments, or restructuring the owed amounts to make them more manageable.

Community Resources for Child Support in Nassau County

Local resources can provide invaluable support for families navigating child support issues in Nassau County. Organizations such as the Nassau County Family Court and the Nassau County Department of Social Services offer guidance and assistance regarding child support obligations and enforcement. These institutions can clarify doubts related to legal proceedings and help ensure compliance with court orders.

Furthermore, various community workshops and support groups offer parents a platform to discuss challenges and share experiences. Such interactions can be beneficial in understanding how changes in family dynamics can affect child support matters. Jason M. Barbara & Associates, P.C. encourages clients to tap into these community resources, enhancing their understanding of child support intricacies while building a support network.

Do You Need Assistance with a Child Support Arrangement?

While New York's laws regarding child support may seem straightforward, the reality can be a little more complicated. In many cases, it is helpful to retain the services of a child support lawyer who can help you establish an appropriate award or modify child support that has already been established. Our lawyer can provide you with the legal assistance your case requires.

Our approach involves a thorough examination of your financial status and any changes that may affect your ability to meet child support obligations. It's crucial to ensure all factors like income, special needs of the child, and any extraordinary expenses are considered in your child support arrangement. This preparation can significantly influence the outcome of your case in a favorable manner.