New York City Child Support Attorney
Manhattan Child Support Modification Attorney
In any legal case that involves children — divorce or child custody — child support must be established, either by the agreement of both parents or by an order of the court. Child support is intended to benefit the child. It is crucial for a custodial parent to protect his or her child’s right to financial support.
The first step toward understanding New York child support law and how it will affect your financial situation is to talk with an experienced New York City child support lawyer. With honest and timely legal advice, you could be receiving less than your child is due or you could face potential legal penalties for undeclared income and unpaid support. Protect your and your children’s rights.
At the Midtown Manhattan law firm of Myburgh Law, P.C., I assist clients throughout New York City in securing child support, enforcing support orders, and seeking modifications in support when circumstances warrant a change. With more than 25 years of legal experience, I am well prepared to help you understand New York child support laws and your rights and responsibilities.
Child Support Guidelines and Basic Support
In New York, child support is statutory, which means it is governed by a specific law known as the Child Support Standards Act (CSSA). This Act states that child support has two elements: “basic” child support and add-ons.
The basic child support obligation is calculated by totaling the adjusted gross annual income of both parents (“combined parental income”), subtracting permissible deductions, such as Social Security, Medicare and NYC and Yonkers income taxes, and then taking a percentage of that sum based on the number of children requiring support.
For parents with a combined parental income of $130,000 or less, the statutory “child support percentage” is fixed at:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- Not less than 35% for five or more children
When the combined parental income exceeds $130,000 per year, the court has the discretion to depart from the above child support percentages for the amount of income in excess of $130,000.
Child Support Add-Ons
In addition to basic child support, it is mandatory that the court consider certain add-ons in a child support order. These additional expenses include unreimbursed medical expenses and day care expenses associated with a parent working or attending school. Other child-related costs, such as the cost of sports, music lessons, tutoring or summer camp can also be considered. These expenses are usually allocated between the parents proportionate to their respective incomes (the higher-earning parent will pay more).
A Few Facts About Child Support
- An award of child support is retroactive to the date of first application. This is the date the parent filed a petition or other legal document in which a demand for child support was made.
- A parent is obligated to pay child support until the child’s 21st birthday (with limited exceptions, such as an earlier emancipation of the child).
- Child support is subject to a cost-of-living adjustment every two years.
- Child-support payments are not tax deductible for the parent paying support and it is not taxable income for the parent receiving child support. (This is different from spousal support.)
Understand Your Rights Regarding Child Support
Whether you need assistance obtaining support, proving a need to modify an order, or with child support enforcement, work with an experienced Manhattan child support modification attorney. Contact Myburgh Law, P.C., to schedule a consultation. Call 646-380-0130.
