Nassau County Child Support Attorney

The amount of child support a parent needs to pay is based on both parents' income per year and the number of children to cover. To calculate the basic child support amount, the court will add the gross income of both parents and multiply it by a certain percentage based on the number of children (e.g., 17% for one child, 25% for two children). Note that gross income refers to all an individual’s earnings (with the appropriate deductions like public assistance), as well as workers’ compensation awards and pensions. After reaching the basic child support amount, the court may add other payments to cover obligations like childcare, healthcare, and education.

Note that if a parent is willingly unemployed or underemployed, the court may impute income, or assign an income value to them, based on their work history or earning potential. In other words, a parent cannot attempt to avoid their support obligation by limiting their employment.

Understanding the High-Income Child Support Cap in NY

If the combined income of both parents is more than $163,000 per year, the court has a couple of options for calculating support. It can either use the same formula as above, or it can use the formula for up to $163,000 of the combined income and consider whether to grant a further amount based on: 

• the nonmonetary contributions the parents will make toward the care and wellbeing of the child;
• the financial resources of the child and both parents;
• whether one parent's gross income is substantially less than the other’s;
• the standard of living the child would have enjoyed if the parents had not divorced;
• the child's physical and emotional health and any special needs;
• the educational needs of either parent;
• the tax consequences to each spouse;
• the needs of any other children of the non-custodial parent for they may be providing support to.

Parents can reach their own child support agreement without defaulting to the court, but this agreement will still have to go through the court for approval based on the above.

Enforcing Child Support Payments in New York

Child support obligations do not go away – even if the noncustodial parent fails to pay. In New York, custodial parents can ask the court for help collecting overdue child support (arrears). The court can deduct current or overdue child support from the noncustodial parent’s wages and even intercept their tax returns and unemployment insurance benefits from the New York State Department of Labor.

Failing to pay child support can also ruin the noncustodial parent’s credit, and the court may seize or place a lien on the noncustodial parent’s property. In severe cases, the court can suspend the noncustodial parent’s driver’s license and issue other consequences. For example, noncustodial parents who fail to pay child support may have their professional licenses suspended or be unable to leave the country until arrears are paid.

Kirshblum Taber PC can help custodial parents access the funds they need to support their children and help noncustodial parents navigate arrears and enforcement actions. Child support is an important issue on both sides. If an arrangement isn’t working, we can always help both parents modify their child support order, as well. 

Modifying Your Child Support Order in NY

Child support orders typically last until the children covered turn 21 years old. However, parents have the right to request termination of an order if the child has been emancipated or has otherwise become financially self-supporting. 

You also have the right to request a modification of your existing child support order if you show a material change in your ability to provide financial support, such as if you were laid off from your job. To begin the modification process, you and your attorney can file a petition for modification with the same court that ordered your initial child support order.

Whatever child support concerns you are facing, Kirshblum Taber PC can take care of you. Attorney David A. Kirshblum, Esq. has even written law and adjudicated law, so he is well-versed in legal support disputes and can help you resolve your complications. Whether you believe you are paying a lot of child support or have questions about the income thresholds for calculating the amount of support, reach out to Kirshblum Taber PC.

Contact our child support lawyers online for an initial consultation to discuss your legal options.

```