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Child Support Calculations & Modifications Law

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In New York, the child’s best interests are taken into account by the court when deciding child support during a divorce. The Child Support Standards Act (CSSA) criteria will be utilized by the court to determine the base amount of child support. These recommendations are predicated on the number of children and the parents’ combined income.

When determining child support, the court will also take into account other considerations, such as:

  • The needs of the child: The court will take into account the kid’s needs, including their medical, educational, and other expenses.
  • The child’s standard of living: The court will take into account the kind of life the child would have had in the absence of the divorce.
  • The court will take into account both parents’ income and earning potential, which will include their respective salaries, tips, bonuses, and other sources of money.
  • The custodial arrangement: When calculating child support, the court will take the custody arrangement into account. The child’s time spent with each parent is included in this.

Filing Child Support Modifications Following a NYC Divorce

In New York City, a parent can petition the Family Court for a modification of child support resulting from a divorce. The parent requesting the amendment must demonstrate that their circumstances have changed considerably since the initial child support order was made.

Here are the processes to request a child support modification:

  • File a petition for modification: The parent requesting the modification must file a petition with the Family Court in the county where the kid resides. The petition should include information regarding the changed conditions. It should also include a proposal for the new child support rate.
  • Provide financial information: The parent requesting the modification must provide financial information to the court. This covers both revenue and expenses.
  • Attend a hearing: The court will set up a hearing to consider the petition and hear testimony from both parents.
  • Await a decision: Following the hearing, the court will rule on the modification request. If the court approves the adjustment, a new child support order will be issued.

It is critical to understand that the court will only grant a modification if the change in circumstances is severe enough to warrant a change in the child support order.

Child Support Issues Require Serious Legal Attention

Child support is the money that a parent pays for the living and medical expenses of their child. Child support is payable until the child reaches the age of 21, and sometimes, in the case of a written agreement, beyond that age. In New York, child support is most often paid by the non-custodial parent to the custodial parent. The amount of child support that a parent is required to pay is determined by income. Child support is payable even if you have never been married. Many times, in order to obtain an order awarding child support, a parent will have to establish paternity first.

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Failure to pay child support is punishable by law and child support enforcement is possible through a variety of means including incarceration, passport withhold, wage garnishment and others. In many cases, failure to pay child support will result in the accumulation of arrears, which can add up fast. Do not let this happen to you. Contact our office for help now.

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