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Meth Law Offices Specializes in Child Support Issues

We Pursue Fair Outcomes for Paying and Recipient Parents

Every child in New York is entitled to support from both parents. That’s not just a sentiment; it’s the law. Unfortunately, disputes often arise over how much child support is necessary or appropriate given the parents’ situations. At Meth Law Offices, PC, I am a Chester, New York child support attorney who offers comprehensive counsel for Hudson Valley clients in all types of child support matters.  

HOW ARE CHILD SUPPORT PAYMENTS CALCULATED IN NEW YORK?

Under New York law, a parent who has custody of children can request support from a noncustodial parent. This request often comes during divorce proceedings, but if the parents have never been married, the court can order child support after paternity has been established. 

New York uses the income shares model to determine child support for combined parental income up to $154,000. This means that the court adds the income of both parents (minus allowable deductions) to calculate the total gross income. Of this amount, the state guidelines call for the parents to dedicate the following percentages to the support of their children:

  • 17 percent of the combined parental income for one child

  • 25 percent of the combined parental income for two children

  • 29 percent of the combined parental income for three children

  • 31 percent of the combined parental income for four children

  • No less than 35 percent of the combined parental income for five

This gives the presumptive amount of total support, which the court apportions according to each parent’s share of the gross income. For example, if the gross income is $100,000 and the couple has three children, annual support would be $29,000. If the noncustodial parent makes 75 percent of the couple’s gross income, the obligation would be $21,750 annually or $1,812.50 per month. 

Call Meth law Offices, PC for a free consultation today.

TYPICAL ISSUES THAT IMPACT CHILD SUPPORT IN ORANGE COUNTY

Under New York law, a parent who has custody of children can request support from a noncustodial parent. This request often comes during divorce proceedings, but if the parents have never been married, the court can order child support after paternity has been established. 

New York uses the income shares model to determine child support for combined parental income up to $154,000. This means that the court adds the income of both parents (minus allowable deductions) to calculate the total gross income. Of this amount, the state guidelines call for the parents to dedicate the following percentages to the support of their children:

  • 17 percent of the combined parental income for one child

  • 25 percent of the combined parental income for two children

  • 29 percent of the combined parental income for three children

  • 31 percent of the combined parental income for four children

  • No less than 35 percent of the combined parental income for five

This gives the presumptive amount of total support, which the court apportions according to each parent’s share of the gross income. For example, if the gross income is $100,000 and the couple has three children, annual support would be $29,000. If the noncustodial parent makes 75 percent of the couple’s gross income, the obligation would be $21,750 annually or $1,812.50 per month. 

Call Meth law Offices, PC for a free consultation today.

WHEN DOES CHILD SUPPORT END IN NEW YORK?

Under New York law, child support lasts until the child reaches 21 years of age, has become self-supporting, or has joined the military. A child whom the court declares emancipated no longer warrants child support.

Call Meth law Offices, PC for a free consultation today.

CAN CHILD SUPPORT ORDERS BE MODIFIED AFTER DIVORCE?

After the court issues an order, circumstances may change, warranting a modification of the order. Circumstances that may justify a new order include:

  • A parent’s long-term unemployment

  • A parent’s illness or disability

  • A child’s illness or disability

       

Parents should not rely on informal agreements if circumstances shift, because the existing order remains in force until the court formally changes it. Meth Law Offices is experienced in this area and can help you petition for a modification or oppose a requested adjustment. Call today for a free consultation.                                 

METH LAW OFFICES, PC HANDLES CHILD SUPPORT COLLECTION MATTERS

New York has many enforcement mechanisms in place to help recipient parents collect overdue child support, even across state lines. A court can order the following:

  • Wage garnishment

  • Tax refund and lottery winnings interception

  • Professional license and driver’s license suspentions

 

A paying parent who willfully refuses to pay is also liable for fines and potential jail time for contempt of court. If your payments are missing or late, Meth Law Offices, PC can help. Call today for a free consultation with the Meth law team.