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Child Support Lawyers in Staten Island

Staten Island Divorce Lawyers Representing Fathers in Child Support Cases

In New York, parents are obligated to provide financial support to their children until the age of 21. A parent's basic child support obligation is set pursuant to statutory guidelines.

Generally, the non-custodial parent will be expected to pay a set percentage of his or her pro-rata share of income, up to $63,000 of the combined adjusted gross income of both parents (unless otherwise agreed or ordered) as child support (There are situations when income in excess of $163,000 is considered). This percentage varies based upon the number of children a couple has together.

Do you have questions about your unique child support case? Contact us for a Legal Strategy Session to learn how we can assist you!

Child support percentages are as follows:

One child: 17%
Two children: 25%
Three children: 29%
Four children: 31%
Five children: no less than 35%

Each parent has a child support obligation. The custodial parent retains his or her share of the obligation for use on the child and the non-custodial parent gives his or her share of the obligation to the custodial parent. Each parent's share is pro-rated in the same proportion as each parent's income is to the combined parental income.

Additionally, parents will likely be required to split, usually on a pro-rated basis, certain additional child-related costs, such as medical expenses, health insurance, reasonable child-care expenses, educational costs, and the cost of extracurricular activities. These expenses, called "add-ons" must be made a part of the monthly child support obligation.

Establishing or Enforcing a Child Support Order

When a non-custodial parent refuses to comply with a child support order, that order can be enforced through wage garnishment, property liens, income execution, contempt of court, and other methods. Child support arrears cannot be discharged in a bankruptcy.

If you need legal assistance to establish or enforce a child support order, or with the post-judgment modification of a New York or New Jersey child support order, we can provide the legal assistance you need to accomplish your goals.

Contact me today for legal assistance with child support.

Have Questions?

We Have Answers!

Why Aren’t My Strategy Sessions Free of Charge?

Nationwide, many attorneys offer free case consultations, but when you enter the office you are not given a consultation of your rights and your options. That is why at my law office you will not be met with unfulfilled promises. During one of my case strategy meetings, I can guide you through your entire case and outline your options if you decide to pursue legal action with my firm. With my experience, skills, and knowledge you can rest assured that your case will be treated with care.
Can the Family Court Divide Our Property Without Us Going Through a Divorce?

No, the Family Court does not have the power to divide marital property. Only the Supreme Court has the jurisdiction to distribute property and to grant divorces.
Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.