About Jay D. Raxenberg
Not just any divorce attorney. Learn what makes Jay D. Raxenberg Long Islands choice for Divorce Law.
Making a determination about child support is important whether you are considering a divorce, legal separation or need to make a modification to an existing child support order. In any of these situations, I can offer my services as an experienced Long Island child support attorney to represent your interests. Your initial consultation is free, and at this time I can talk to you about what you’re experiencing and what I can do to assist you. I help families throughout Long Island with their divorce, child custody and child support matters.
Calculating Child Support
How is child support determined? When the court makes a decision about child support, this will be done based upon a specific calculation. Child Support Standards Act (CSSA) Guidelines allow for a certain percentage of a non-custodial parent’s income to be allocated for child support, based upon the following steps:
- The combined income between both parents, excluding FICA and state tax.
- A specific percentage of this combined income, depending on the number of children:
- 17% for one child
- 25% for two children
- 29% for three children
- This number is divided between the parents’ income proportionately.
- The final amount is then divided over 12 months or 52 weeks, depending on the specific arrangement.
Child support is meant to cover a child’s needs, including food, shelter, clothing, education and medical needs. What happens if you have been granted child support from the New York court but the other spouse has failed to make payments on time or ceased payments altogether? Child Support Services can step in to help you if you have found yourself in this situation. Known as the Support Collection Unit, they can help you file a violation petition with your local court. This petition is basically a request of the court to enforce the child support.
Enforcing Child Support Payments With a Long Island Divorce Attorney
Depending on the case, the court could hold the parent accountable for payments in the past they did not make or place the parent in a work program so that they can pay. Some ways to fix the problem if your ex-spouse is not paying child support include:
- Contempt of Court Action: punishable by 180 days in jail if an ex-spouse does not pay child support when they are able to
- Wage Order Assignment: holding wages in order to pay child support
- Tax intercept: taking tax refunds for child support payments
- License suspension: suspending driver’s or business licenses until payments are receiving
- Seizing property: taking the ex-spouse property until payments are made
Not paying child support is not tolerated in New York. If you are unable to make payments, seek a modification before you choose to not pay child support. If you are dealing with an ex-spouse who is not providing for your child, take action and obtain legal representation to help you resolve the problem. If there is a need for the child support payments to be modified, the Child Support Enforcement Unit can petition the court to change the original order. This is usually the result of a change in the situation of the parents. Click here to learn more.
In need of an attorney for a child support case in Long Island?
Whether you are a custodial parent seeking child support, are undergoing a divorce and need to reach a child support agreement, are a non-custodial parent wondering whether you will need to pay child support, or need to modify your current child support arrangement, I can help. I understand that as a Long Island divorce lawyer I can positively impact the outcome of your child support matter to help you reach an arrangement that is best for you and your children.
Contact a Long Island child support attorney from my offices today to learn more about how I can help with your Long Island child support case.