917-924-9790Manhattan Child Support Attorney
Legal Representation for Child Support in Manhattan, Queens, and Brooklyn
The Law Office of Julio E. Portilla, P.C. has detailed knowledge of the New York child support guidelines and how the court uses them to ensure that children of divorce are cared for. A court will not finalize a divorce until the parents have established a child support plan that adequately covers the child’s living expenses and maintains their standard of living.
New York child support payments are based on the principle that a child has the right to be supported by both parents. Which parent pays child support and which one receives it is determined by child custody arrangements. As a parent, you want your children to be minimally impacted by a divorce, allowing them to grow and follow their dreams. Child support is a major factor in ensuring your child’s well-being.
To contact a child support attorney near you, dial 917-924-9790 or submit an online contact form.
What Are New York’s Child Support Laws?
Child support is governed by the New York State Child Support Standards Act (CSSA). Under the law, both the child’s parents are required to financially support their children until they reach the age of 21 or are emancipated.
In most child custody cases, the noncustodial parent is responsible for paying child support obligations to the parent with primary physical custody. Child support payments are typically paid monthly. They are meant to cover basic expenses to uphold a child’s standard of living and pay for housing, food, clothing, educational expenses, and some extracurricular activities.
Failing to pay child support could result in harsh legal consequences for the child’s parent who violates court orders. Potential punishments for parents who fail to pay court-ordered child support could include driver’s license suspensions, wage garnishments, potential jail time, and more.
Child support matters are important to address during legal separations or divorce proceedings. As with all family law issues, decisions must reflect the best interests of the children over the interests of other parties involved.
If you and the other parent can reach an agreement on child support arrangements, New York City child support lawyers can help you draft a divorce agreement and ensure that it is legally sound. If the parties involved cannot reach an agreement, a family court determines child support obligations based on the available guidelines.
Whether you hope to seek child support, pay more or less support, or want to modify the child support arrangement, it is highly recommended that you seek the professional legal guidance of New York child support lawyers. Our legal team has extensive experience helping explain your child support options and pursuing satisfactory outcomes in your legal cases.
What Income Factors Are Considered When Calculating Child Support in New York?
New York child support payments are based on the principle that a child has the right to be supported by both parents. Both parents are legally obligated to financially support their children until they reach the age of 21.
Child support obligations in New York are calculated by adding the income of both parents and multiplying it by a child support percentage:
- For one child, multiply by 17% of the combined parental income
- For two children, multiply by 25% of the combined parental income
- For three children, multiply by 29% of the combined parental income
- For four children, multiply by 31% of the combined parental income
- For five or more children, multiply by no less than 35% of the combined income
Other relevant factors may also be considered beyond simply calculating the two parents’ combined income.
Whether you are expecting to pay for child support or receive support as the primary custodial parent, our Manhattan child support attorney is here to guide you through New York’s child support guidelines. We can assist with establishing support, modifying support, and pursuing child support enforcement for parents who are evading payments.
Is it Possible to Request a Child Support Modification?
Life circumstances change, and sometimes an existing child support order no longer reflects the parents’ financial realities or the child’s needs.
In New York, either parent may request a modification of child support if there has been any of the following:
- A substantial change in circumstances, such as job loss, disability, or increased medical expenses
- A three-year period since the last order was issued
- A 15% change in either parent’s individual income
NYC child support attorneys can assist you in proving a significant change in circumstances that may qualify for a child support modification. It is unwise to proceed without exceptional representation looking after your rights and responsibilities.
Our legal team can help you petition the court to modify an existing child support order to ensure it remains fair and appropriate.
How is a Child Support Obligation Enforced?
If a non-custodial parent fails to make child support payments, legal action may be necessary. New York State has strict enforcement measures, including wage garnishment, suspension of driver’s and professional licenses, and even contempt of court charges, which can result in jail time.
With advancements in technology, it’s becoming easier for non-custodial parents to be tracked down and forced to pay child support obligations. Failure to pay a court-ordered or agreed-upon child support arrangement could have a serious impact on your rights, your credit history, your ability to travel, and potentially even your basic freedoms. If you have been served a petition for child support, whether for the first time or as an arrears, you must not ignore that petition. Instead, contact an experienced family law attorney to discuss the child support action and learn your options.
Our attorneys can help you enforce child support obligations and ensure your child receives the financial support they deserve.
Why Choose the Law Office of Julio E. Portilla, P.C. for Your Child Support Issue?
- Extensive Experience – Our Manhattan child support lawyers have years of experience handling complex child support cases in New York.
- Personalized Approach – Every case is unique, and we provide tailored legal solutions to meet your needs.
- Strong Advocacy – We fight for the most optimal possible outcome, whether negotiating an agreement or representing you in court.
- Compassionate Representation – We understand the emotional toll of child support disputes and offer compassionate legal guidance.
Trusted Legal Support for Your Child Support Case
At the Law Office of Julio E. Portilla, P.C., our family law legal team advocates for your child’s needs to ensure their future is secure.
When you work with us, you’ll have access to:
- A free initial consultation (phone and video consultations available)
- Same-day, after-hours, and weekend appointments available by request
- Legal services in English, French, and Spanish
- An attorney with nearly two decades of experience
If you are dealing with a child support issue, whether it involves establishing, modifying, or enforcing payments, the Law Office of Julio E. Portilla, P.C., is here to help. Our experienced Manhattan child support attorneys will guide you through the legal process and fight to secure the best possible outcome for you and your child.
To contact our Manhattan child support attorney, dial 917-924-9790 or submit an online contact form. A member of our team will be in touch shortly.
FAQs About Child Support
How long does a parent have to pay child support in New York?
In New York, child support typically continues until the child turns 21 years old, unless the child is emancipated earlier due to marriage, military service, or financial independence.
Can child support be reduced if I lose my job?
Yes, you may request a modification of child support if you experience a significant decrease in income. However, you must file a petition with the court and provide evidence of your changed financial circumstances.
What happens if the non-custodial parent refuses to pay child support?
If the non-custodial parent fails to pay, the custodial parent can seek enforcement through the court. Measures may include wage garnishment, asset seizure, license suspension, or even jail time.
Can parents agree on a child support amount without the court?
Yes, parents can agree on a child support arrangement, but it must be approved by the court to be legally enforceable.
Do child support payments cover college expenses?
In some cases, New York courts may order a parent to contribute to college expenses, depending on the financial circumstances and the child’s educational needs.
Can I receive child support if I share joint custody?
Yes. Even in joint custody arrangements, the parent with the higher income may still be required to pay child support to ensure the child maintains a stable lifestyle.
Is it possible to adjust a child support arrangement for add-on expenses?
In addition to basic child support obligations, add-on expenses can be added to a child support arrangement. All parents owe a certain responsibility for their proportional share of add-on expenses, such as childcare or medical care expenses.
Can you deny parental access if the other parent refuses to make timely child support payments?
No. Child custody and child support are two entirely different legal matters in the eyes of family law courts. A custodial parent cannot simply deny parental access to the other parent if they refuse to pay child support. If circumstances change and the paying parent cannot afford the agreed-upon child support payments, they must file for child support modifications.
How does establishing paternity affect a child support case?
In some cases, such as a child born into a marriage and the father’s name being added to the child’s birth certificate, the child’s parentage can be assumed. However, in other cases where there may be disputes about parentage or in cases involving unmarried parents, it may be necessary to legally establish paternity. Establishing paternity can be accomplished with a DNA paternity test, which can prove fatherhood with 99.9% accuracy. Once paternity has been established, the legal father is obligated to provide child support.
Request a Free Case Review with an Experienced Manhattan Child Support Lawyer at Our Law Firm Today
If you are negotiating for a child support agreement, it is highly recommended that you seek the professional legal advice of an experienced attorney. Our New York City law firm has extensive experience helping clients seek child support, request modifications to existing child support arrangements, and establish significant changes in circumstances that may make such modifications necessary.
Legal assistance in child support matters is especially important in contentious cases where the two parents cannot agree on various factors, including earnings, necessary financial support, and even legal parental rights. Our law office will stay by your side throughout the legal process in hopes of helping you achieve the most optimal outcome for your case possible.
To learn more about the benefits of retaining the legal services of an experienced New York child support lawyer, please contact our Manhattan law firm to schedule your free consultation today. You can reach us at 917-924-9790.
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