Child Support Attorney In Nassau County
From Barton’s interview with ReelLawyers.com
Child support is a very important issue for many families. As a family law lawyer in Nassau County, I have spent more than 40 years helping parents understand their child support rights and obligations under New York law, achieving solutions that suit their needs and those of their children.
In New York, child support is based upon a formula and is governed by the Child Support Standards Act.
Child Support Formula
To calculate child support, start with the gross income of each parent, less Social Security taxes, Medicare taxes, and New York City and/or Yonkers income taxes. Additional deductions may apply.
A set percentage is then applied to at least the first $141,000 of combined parental income (this income figure will increase in 2016):
- 17 percent for one child
- 25 percent for two children
- 29 percent for three children
- 31 percent for four children
- At least 40 percent for five or more children
Under this formula, as applied in 2015, if a mother/custodial parent has $80,000 in adjusted gross income and the father/noncustodial parent has $100,000 in income, or 55.5 percent of the combined parental income, the father will pay just over $13,303 per year for one child.
This is because after 17 percent is earmarked from the first $141,000 of the combined income, the father is responsible for 55.5 percent of that amount.
The formula, however, is not always that simple and it can be very important for parents to work with skilled child support attorneys. For example, it is not unusual for a judge or support magistrate to apply all of the noncustodial parent’s income under the formula, which is allowed when a valid reason exists.
There are defenses to paying child support if a custodial parent interferes with the noncustodial parent’s relationship with the child, but there is very high burden to invoke this.
Child Support For Educational Expenses
Educational expenses, before college, are left to the court’s discretion. The court may consider the financial circumstances of the parents, and the child’s history and best interests.
College, to the extent appropriate for the child, is an absolute obligation under New York’s child support laws.
The type of college education (city or state universities vs. private colleges) depends upon the child’s abilities, scholarships and other aid, as well as the educational background of the parents.
I am very skilled in alternative dispute resolution methods that I utilize to help my clients resolve child support disputes outside of court. I am a Board Certified Family Law Trial Specialist* by The National Board of Trial Advocacy, and I am prepared to go to trial to protect my clients’ interests when necessary.
Contact The Law Office Of Barton R. Resnicoff
To learn more about child support laws in New York and how they apply to your case, contact me by calling 516-441-7432 or filling out this form. I represent clients in Queens County, Nassau County, Suffolk County and the surrounding areas
*The National Board of Trial Advocacy is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.