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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!

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
Why Choose Certified Financial Litigator?

A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.
My Child Is 6 Years Old, and My Former Partner Is Not Paying Child Support; Is It Too Late for Me to Seek Support at This Time?

No, it is not too late. Your child is entitled to receive child support until age 21, you can file for child support for the child at any time before the child reaches the age of 21. With that said, all cases fact sensitive and you may want to consult with Attorney Dow before filing an application.