Syracuse Child Support Lawyer Works to Resolve Parental Disputes
Negotiating a fair settlement is in the best interests of your children
At Bombardo Law Office, P.C. in Syracuse, I have more than 27 years of experience in divorce and family law cases, and a detailed knowledge of New York child support guidelines. These laws are based on the principle that a child has the right to be supported by both parents. A caregiver parent provides "in-kind" support: attention, instruction, guidance, and supervision, along with the funds necessary to cover their son or daughter’s daily needs. Parents who do not share equally in the caregiver role are expected to compensate by providing monetary support. Though this concept might seem simple, disputes frequently arise over the accuracy of income information and missed payments. My firm delivers effective counsel in a full range of New York child support matters.
Factors used in New York’s child support formula
Both parents must provide financial support to their children until they turn 21 years old, get married or become legally emancipated for one of several qualifying reasons (such as entry into the armed forces or obtaining their own apartment). If you are going through a divorce or child support case, my firm will handle the child support discussions as part of the marriage dissolution process. In other cases, I can prepare the required documents and file them with the New York Family Court. Determinations of child support amounts often are based on a formula created by the state, which takes into account the following factors:
- Parental income — New York considers both parents’ income when calculating child support obligations. Each party is responsible for an amount that is equal to their share of the total parental income. In other words, if one parent makes twice as much as the other, their share of the total child support burden will be double that of their co-parent before adjustments are applied.
- Number of children — The percentage of combined parental income that is reserved for child support is based on the number of children the parties share. When the arrangement covers one child, child support is set at 17 percent of the combined income. With two children, that rate increases to 25 percent. Couples with five or more children are responsible for paying the maximum share of 35 percent.
- Alimony payments — When one parent is providing spousal support to the other, those payments are figured into the child support calculation. For example, if the noncustodial parent is sending $27,000 in alimony annually to the custodial parent, each party’s income would be adjusted by that amount within the child support formula.
- Health insurance premiums and child-care costs — For many New Yorkers, child care expenses and health insurance premiums present a significant burden. Accordingly, child support obligations can be revised based on how much each parent contributes to these expenses.
This formula usually applies up to the point where the combined annual parental income reaches a certain level (currently $154,000). In cases where total income exceeds this amount or where other circumstances, such as a serious medical condition, means that the calculation is not fair, it’s important to have a qualified family lawyer representing you during negotiations and, if necessary, in court.
Attorney assists with modification requests when circumstances change
In the event that one party experiences an income increase or decrease of at least 15 percent, a child support modification can be granted. If this occurs, you might wish to discuss an appropriate adjustment with your co-parent first. However, the change must be authorized by the court in order to be enforceable. Whether you’re seeking a modification or are considering opposing one, I can examine the underlying information and help you pursue an appropriate result.
Skillful advocate takes on child support enforcement actions
Paying child support is a serious legal and moral obligation. Various methods exist under New York law to collect payments from a parent who has violated their responsibilities under the order. These include income execution, where payments are directly deducted from a party’s wages, liens and the interception of unemployment benefits and tax refunds. A nonpaying parent can also have their driving privileges or professional licenses suspended. Whether you’re owed back child support or are having trouble complying with an order, it’s best to seek relief in court rather than taking things into your own hands.
Contact a Syracuse attorney for a consultation regarding your child support matter
Bombardo Law Office, P.C. in Syracuse handles all types of child support concerns for Central New York parents, including modification and enforcement requests. To make an appointment to discuss your issue, please call 315-488-5544 or contact me online.