Child Support
Child Support
The Brooke Law Firm is committed to protecting the interests of the children and fighting for fair support payments to adequately provide for them. We are also committed to ensuring that the non-residential parent is not made to pay an unfair amount of support. Speak with a child support lawyer from our firm today to discuss your situation and learn how we can help.
The obligation to pay remains fixed unless a modification of the child support arrangement is approved by the court, even if one parent files for bankruptcy or becomes unemployed.
There are several instances where child support may be an issue:
- An initial determination of child support, either by way of an application for divorce of just for child support;
- The enforcement of a child support order when there are child support arrears due;
- A modification of a child support order, either increasing or decreasing the amount due.
- If the parties were married when the child was born, the child support can be brought even if the parties are still married. The right to support goes back to the date of the application for support.
In 1989, New York enacted The Child Support Standards Act with the goal of trying to ensure that child support awards granted were both fair and consistent from case to case. In trying to reach its goals, New York has established support awards based on a fixed percentage of the parental income and the number of children that the couple has. Percentages are based on the total income of both parents and allocated by prorating the proportion based on what each parent provides to the combined total.
Under the law's guidelines, child support is set at:
1 Child - 17% of the parental income
2 Children - 25%
3 Children - 29%
4 Children - 31%
5 or More Children - a Minimum of 35%
CHILD SUPPORT MODIFICATIONS
At The Brooke Law Firm, we understand that income levels do not always remain consistent after divorce. If one spouse loses a job, suffers an unusual hardship, or experiences a sharp rise income, child support modification may be necessary. Under New York law, there is no automatic provision for an adjustment of child support in the event that the income of one or another spouse experiences a decrease or increase in income.
Given the nationwide economic upheavals experienced in recent years, the New York legislature recently passed a law that provides for either parent to seek modification of child support under three specific scenarios:
- A parent has experienced a substantial change in circumstances;
- It has been 3 years since the support order was entered, adjusted, or last modified;
- Either party has experienced a change in income by 15% or more.
The obligation to pay remains fixed unless a modification of the child support arrangement is approved by the court, even if one parent files for bankruptcy or becomes unemployed.
FAILING TO PAY CHILD SUPPORT
If the court changes your order, it will go back to the date that you filed your petition. If you stop paying support for any reason and you don't file a petition for a modification, the amount you owe will quickly add up; the term for back child support is arrears.
If you have arrears, the child support agency will take certain actions to collect the money owed; for example, it could:
- Take your tax refund
- Intercept lottery winnings
- Take money from your bank accounts
- Suspend your driver's license
- Notify the credit reporting agencies
- Sentence you to time in jail
