Raising a child is an expensive endeavor for a married couple, making child support an imperative component of a parent going through a divorce or no longer in a relationship with the other parent. New York State law requires that a parent with custody of a child receive child support payments from the non-custodial parent.
The amount of child support a custodial parent receives is based upon the income of each parent at the time of the child support proceedings, whether they are a component of a divorce action or being held in Family Court. The child support payment amount is calculated utilizing statutory percentages of the parental income that vary depending on the number of children. While tax returns are sometimes able to provide a court with an accurate representation of a parent’s income, many tax returns do not provide a truthful portrayal of ones actual income. New York State courts are empowered to impute income to a parent above that which is declared on that person’s tax return, however, evidence must be presented to the Court to allow them to reach that conclusion. Our firm will work tirelessly to ensure that you receive or pay the appropriate amount of child support.
Child Support Modifications
New York State law further provides that an order of child support can be modified in the event either parent experiences a change in their income after the amount of child support is set, however, such a modification does not happen automatically. The payment amount can only be modified in a formal manner by way of a court order. Our firm has had success obtaining modifications on behalf of our clients, as well as fighting modification applications filed against our clients.
Our firm is here to either negotiate a child support agreement on your behalf or litigate the issue in court. We focus on each of our client’s individual needs and goals and will tailor a strategy that will fit your personal wishes. Call now for your free consultation to discuss how we can help you.