Westchester County Child Support Attorney
Every parent has a duty to contribute to the care of his or her children. At Kimberly Pelesz New York Law, LLC, our Westchester County child support attorneys help New York parents obtain court orders for child support, and we make sure those orders are enforced. When a support order modification is warranted by circumstances, we’ll work to help you obtain it. If you expect a dispute over child support; if you need the court to issue a child support order; if you need to have a support order modified; or if you aren’t receiving ordered payments and need enforcement, call Kimberly Pelesz New York Law, LLC today. You’ll speak to an experienced Westchester County youngster assist attorney with the skill and expertise to advocate effectively for you and your children.
HOW IS CHILD SUPPORT CALCULATED?
Determining youngster assist is not as easy as it seems. The court will look at a number of different factors, mainly the income of both parents. However, income is not simply how much you take home from your job each paycheck. Courts look at every dollar that you earn, including commissions, overtime, tips, dividends, interest and any other income from investments that you’ve made. If you are dealing with youngster assist matters, contact an experienced Westchester County child support attorney.
That’s not all that is considered, though. The court will also look at whether you are receiving any benefits such as workers’ compensation, unemployment insurance, disability, Social Security or veterans’ benefits. Are you receiving any retirement or pension benefits? These are also considered to be part of your income, and will be used to calculate how much youngster assist should be paid and to whom. If so, the amount that you are earning from these income sources will also be used to calculate child support. However, even though disability benefits are included, Supplemental Security Income benefits are not included in the calculation.
Economic benefits that you receive may also be considered by the judge. For example, if you are receiving fringe benefits or any other form of compensation such as lodging, meals or company cars, this will be included when the judge determines how much youngster assist should be paid.
Once income has been determined, deductions will be made to account for Social Security, Medicare and New York tax. The number that remains is considered your adjusted gross income, and this will be used to determine how much you should pay. In New York, this will typically be calculated by multiplying your adjusted gross income by a certain percentage depending on how many children are in need of support. These different percentages are used:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- at least 35% for five or more children.
For example, if your adjusted gross income is $100,000, the courts may order that you pay $17,000 for one child, $25,000 for two children, $29,000 for three children, $31,000 for four children and at least $35,000 for five or more children.
However, it is important to remember that this is a guideline that may or may not be used by the courts. The judge may find that this is not an appropriate way to calculate youngster assist in your case. If you are dealing with child support issues, contact a Westchester County child support attorney with years of experience representing clients with cases like yours.
Child support payments should not put you below the poverty line, and if they do, the amount will have to be considered by the court. But, if you are simply unemployed or not doing well financially, this does not get you out of paying youngster assist, although it may decrease the amount you have to pay.
Once an order has been issued to both parents, it must be followed, otherwise you may be found in contempt of court. However, life changes, and if circumstances change in your life that leave you unable to pay child support, you may request a modification of the official order. Either parent can request this modification in order to increase or decrease the amount being paid. However, it must go through the court and evidence must be presented to prove that the modification is warranted.
If you are dealing with child support issues, contact an experienced Westchester County child support attorney. Speak to a Westchester County family lawyer for help understanding what amount of child support payments may be ordered in your case. Call an attorney and discuss your case as soon as possible.
WHAT’S BEST FOR THE CHILDREN
Child support is calculated according to a set of guidelines, yet the needs of every parent and child differ greatly. At Kimberly Pelesz New York Law, LLC, our experienced family law attorneys are committed to applying our clients’ needs to the legal guidelines in a way that will support the best possible outcome for their children. We start the process by learning about each family’s unique goals and concerns. We then develop a child support plan that will serve the best interests of your children. Should you and your former spouse find that you can agree on child support terms that fall outside of the guidelines, we can process your request outside of court.
WE PROVIDE THE HELP YOU NEED
Our attorneys understand how complicated and frustrating a child support dispute can be. We give our clients the information they need to make smart decisions regarding child support and the future. Whatever you decide, we will back you up and support you as you pursue the future you deserve. Contact Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation if you are involved in or anticipating a child support dispute. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County child support attorney can help you, email us or call us promptly at (914) 402-4541.