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Child Support Help for Fathers

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.

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.

How to Establish or Enforce Your 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.

I hired Ms. Dow to represent me for a Family Court case, involving Divorce, as well as Child Support, Alimony, Pension - the works! Ms. Dow is one who cares and takes pride in her client's needs. She ... Read More

I hired Ms. Dow to represent me for a Family Court case, involving Divorce, as well as Child Support, Alimony, Pension - the works! Ms. Dow is one who cares and takes pride in her client's needs. She delivers with professionalism and success - will keep you ground when you may be in an irate state. Any court case can lead you there. Additionally, even 7 years later when my file was archived and having moved out of state, Ms. Dow was able to retrieve supporting docs on the drop of a dime to help assist with a related matter. You know the old saying, 'You get what you pay for!'. Ms Dow is the right person for you. Thank you Ms. Dow!! Read Less

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Attorney Dow is an amazing attorney! In addtion to the fact that she is very knowledgeable in the area of family law, she is also very personable. While representing us in a child support matter,she explained to us every detail of her strategy and kept us informed of any obstacles we could potentially face. Ultimately, we won! Don't hesitate to contact this attorney for legal assistance. With her representing you, you will be on the winning team! Read Less

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I came to Mrs. Dow as my second divorce attorney two days before I had to go to in court. Mrs. Dow always told me the truth about my case and she never said things just to make me feel good. She told ... Read More

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Have Questions? We Have Answers!

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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.

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.

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.

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