SUFFOLK, NASSAU & QUEENS COUNTYDIVORCE AND FAMILY LAWYER
Child Support and Paternity
Frequently, paternity and child support issues result in litigation. A non-custodial parent is required to provide financial support to the custodial parent to pay for the child’s food, shelter, medical expenses and educational needs. This is often a percentage of both parents’ gross adjusted income. Child support payments are made until the child is 21 years of age or emancipation.
Child Support
In New York, child support amounts may be agreed upon by both parents or may be ordered by the court if the parents are unable to reach an agreement. Child support is calculated based on the (CSSA) Child Support Standards Act. The courts have discretion to increase or decrease the amount of child support depending upon the unique needs of the child.
The court has discretion to make adjustments to the support amounts based on multiple factors:
- Substantial differences between the parties’ incomes
- Financial resources available to each party
- Unusual expenses for the non-custodial parent to exercise visitation (non-custodial parent resides out of state)
- Payment of child support from a previous marriage or relationship
- Spousal support payments
Specific percentages are as follows:
- 1 child – 17% of combined income
- 2 children – 25% of combined income
- 3 children – 29% of combined income
- 4 children – 31 % of combined income
- 5 children – at least 35% of combined income
In working out child support, whether by amicably negotiating an agreement with your spouse or by litigating your case in court, an experienced divorce and family law attorney is your best option to ensure that your best interests, and that of your children, are protected.
Paternity
Paternity has a profound impact on the biological father’s financial and legal responsibilities as well as his rights to pursue parental access and custody of the child. Paternity is the determination of the child’s biological father. Frequently paternity litigation arises when dealing with child support and child custody.
Establishing paternity in New York can be accomplished in one of three ways:
- Paternity can be established through the issuance of a court order in which the parties typically submit to DNA testing in order to establish the paternity of the child in question.
- Unwed parents may sign an Acknowledgement of Paternity which identifies the man as the biological father of the child. Once the Acknowledgement of Paternity document is signed, the biological father’s name will be listed on the child’s birth certificate which will afford the father parental rights and responsibilities.
- There is a legal presumption that a husband who conceives a child during his marriage is the biological father of that child which he may challenge in a Family Court proceeding.
My firm has extensive experience with Paternity litigation. Please do not hesitate to contact Law Offices of Jay D. Raxenberg for a free consultation to discuss your rights and obligations concerning your paternity matter at our Toll Free number 1(888) 543-4867.
In addition to handling child custody and paternity cases, I also accept cases involving modifications of child support orders.
Contact Long Island, New York family law and divorce lawyer Jay D. Raxenberg today! Toll Free 1(888) 543-4867
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