Jackson Heights and Queens Child Support Lawyer
New York Child Support Laws
Child support laws in New York are very strict and always favor the best interest of the child. If you are struggling to come to a compromise with your partner over how much should be paid or are experiencing issues with lack of payment from the other party, Queens and Jackson Heights family lawyer Charles Zolot can step in to resolve your issues and help you reach a swift and fair decision.
Determining Child Support Payments in New York
It is important for all parties to understand how child support is calculated so they are fully aware of their rights. New York uses the Income Shares Model to determine child support, which may be ordered in any case for the maintenance, care and education of a child that is under the age of 21.
The following formulas are used to determine how much a parent’s child support payments in New York will be:
- One child: 17% of the combined parental income
- Two children: 25% of the combined parental income
- Three children: 29% of the combined parental income
- Four children: 31% of the combined parental income
- Five or more children: No less than 35% of the combined parental income
Child support obligation in New York will be based on the following factors:
- Incomes of the custodial and non-custodial parents
- Financial resources for each party
- The physical and emotional health of the child
- Child’s special needs
- The standard of living the child would have enjoyed had the marriage not been dissolved
- The tax consequences for the parties
- Non-financial contributions made or future contributions toward the care and well-being of the child
- Any other factors the court deems relevant
What Happens When Parties Disagree Over Child Support Amounts?
It is not uncommon for parties to disagree on child support payments for their children. Either parent has the right to appeal the decisions made in court regarding payments, and Queens child support lawyer Charles Zolot will help you file an Objection in court to obtain a more favorable ruling.
What Happens When Child Support is Not Paid?
If one parent does not pay child support, several consequences can ensue. For the parties who are struggling to obtain child support from a parent who has stopped or refused to pay, our family attorneys in Queens will file a Violation petition on your behalf and a hearing will then determine the fate of the other parent.
The possible outcomes for child support violations in New York include:
- Order for the Support Collection Unit (SCU) to subtract payments from the parent’s paycheck
- Order for a lump sum payment and/or payments over time on the money owed
- Suspension of the non-paying parent’s driver’s license and/or professional or business license
- Imprisonment for up to six months if parent refused to pay for no substantial reason
If you are on the other end of the case and have not been able to meet your child support payments, our family law firm can help you as well. There are several circumstances that can hinder a parent’s ability to pay child support, including job loss, pay cuts, injury, or poor health, and we can help you fight to obtain a more lenient payment option or plan that will be in both your child and your best interests.
Misallocated Child Support Payments
The Law Office of Charles Zolot in Queens can also help you if the other parent is requesting a larger payment sum or if you suspect or have proof that they are using the child support payments for other reasons aside from providing care for your children. If our family lawyers in Jackson Heights and Queens discover that the party receiving payments has been using the support money for their own gain, we will not rest until the party is brought to justice.