Child Support Attorneys in Brooklyn

Setting, changing and enforcing support orders

Child support pays for a child's everyday needs, such as housing, food, clothing, health care and education. Usher Law Group helps parents establish support, change an existing order when circumstances change, enforce an order that is not being paid and challenge an order that was calculated incorrectly.

This page describes New York law. New Jersey calculates support under its own guidelines and procedures, so the numbers and rules below do not apply to a New Jersey case.

What we handle

• Establishing support in a divorce, or between unmarried or separated parents, including cases where paternity must first be established.
• Modifying an order when income, custody or the child's needs change.
• Enforcing an order when payments are late or missing.
• Challenging an order through objections and, where appropriate, an appeal.
• Deviations: arguing whether the standard formula amount is unjust or inappropriate in your family's circumstances.

How New York calculates child support

New York uses the Child Support Standards Act (CSSA). In general terms:

1. Each parent's income is determined, starting with income reported on tax returns, with certain deductions allowed.
2. The parents' incomes are added together to find combined parental income.
3. A percentage is applied to combined income up to a statutory cap, which is adjusted periodically:
   • 17 percent for one child
   • 25 percent for two children
   • 29 percent for three children
   • 31 percent for four children
   • at least 35 percent for five or more children
4. The result is divided between the parents in proportion to their incomes, and the noncustodial parent pays his or her share.
5. For combined income above the cap, the court may apply the percentage or use other factors, and must explain its reasons.

On top of the basic amount, the parents usually share certain add-on expenses in proportion to income, such as child care that allows a parent to work or attend school, health insurance and unreimbursed medical costs. Educational expenses may also be ordered. Parents can agree to a different amount, but the agreement must state the amount the formula would produce and the reasons for departing from it.

How we help

• Calculate the likely formula amount and identify income that may be missing or overstated.
• Prepare the petition and the financial disclosure the court requires, and request the other parent's financial records.
• Negotiate a support agreement that complies with the CSSA.
• Represent you before the support magistrate or judge.
• File objections, modification petitions or violation petitions when needed.

What to bring

• Your most recent tax returns, W-2s or 1099s, and recent pay stubs.
• Any information you have about the other parent's income, employment or business.
• Proof of child care, health insurance, medical and school costs for the child.
• Any existing support order, payment history and correspondence about missed payments.

Changing a New York support order

A New York order can be modified when there has been a substantial change in circumstances. For orders issued or modified after October 2010, a party may also seek a modification when either of the following applies, unless the parties opted out of these grounds in a written agreement:

• three years have passed since the order was entered, last modified or adjusted, or
• either party's gross income has changed by 15 percent or more since then.

A change generally applies only from the date the modification petition is filed, so waiting can cost you money whether you pay or receive support.

Challenging a support magistrate's order

If the judge's ruling on the objections is still unfavorable, an appeal to the Appellate Division may be possible. Appeals have their own strict deadlines.

When support is not paid

New York has several enforcement tools, including income withholding from wages, interception of tax refunds, suspension of driver's and professional licenses, liens and credit reporting. A parent can also file a violation petition in Family Court. If the court finds a willful failure to pay, the consequences can include a money judgment and, in some cases, jail. Payments and enforcement can be handled through the state's child support program (New York Child Support).

How long support lasts

In New York, child support generally continues until the child turns 21. It may end earlier if the child becomes emancipated, for example by marrying, entering military service or becoming self-supporting. Emancipation is decided on the facts, so do not stop paying without a court order.

Frequently asked questions