Schenectady Child Support Modification Lawyer
Albany, New York, Family Law and Divorce Attorneys
Determining child support is a relatively straightforward process in New York. A formula established by the Child Support Standards Act is used to determine the child support obligation of the paying parent. This formula considers the financial needs of the child, medical expenses, income of each parent and other factors.
For a free consultation, call 866-377-0285 or email our Albany child support lawyer online.
Child Support Calculations
The formula used to determine the presumptively correct child support award considers:
- Gross income of each parent, adjusted for FICA, together with the financial resources of the parents
- Financial assets of each parent: workers' comp, unemployment, Social Security benefits, pensions and other assets
- Physical and emotional health of the children, taking into account the children's special needs or aptitudes
- Standard of living the children would have enjoyed had the household not been dissolved
- Nonmonetary contributions that each parent will make toward the care and well-being of the children
- Other factors
Although the amount of child support to be paid or received is set by a statute, your other contributions should not be ignored. It is best to have a lawyer make sure that no exemptions are ignored or claimed unfairly. For example, we can determine whether following the child support guidelines would push you below the established self-support reserve, which is currently set at 135 percent of the poverty threshold in New York.
Albany Child Support Lawyer
Child Support Modifications and Enforcement
If you have an existing child support order that you wish to change, you must show a substantial change in circumstances. Examples of these changes include:
- Significant increase or decrease in income of either parent
- Change in the child's needs
- Emancipation of a child that requires a change in child support payments for another child
If the paying party has violated an existing and binding child support order, the other parent can file for enforcement of that order, giving you the full enjoyment of your rights under the order. Through an enforcement petition, the court can force the parent to adhere to the rules of the order. In some circumstances, the court can enforce wage garnishments, revoke a driver's license or assign jail time for willful contempt of court. Our firm can help you advance or defend against an enforcement action.
If you are the defaulting party, we can help you garner sympathy with the court, file for a modification, if warranted, or obtain the time you need to cure it.
Let's Get Started Today
If you have questions or concerns about your child support or child custody rights, please call us today at 866-377-0285, or contact our Troy family law attorneys online.
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