Child support is paid to the parent who is the residential custodian; meaning the parent with whom the child resides with primarily. New York law provides that both parents are responsible to financially contribute to the support of a child until he or she is 21 years old. Child support is paid to the residential custodian even if the other parent exercises his or her parenting time, which may include overnight parenting away from the child’s primary residence. When parents agree to an equal division of parenting time, meaning 50/50, child support may be deemed a wash. But in most situations, the parent earning more money will have to pay some child support. Such determinations are determined on a case-by-case basis and consulting with an attorney will be useful in understanding the likely outcome in your situation.
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The amount of child support to be paid is determined by the Child Support Standards Act (“CSSA”). The predicting factors considered in the calculations of child support is the gross income of the parents and the number of children to be supported. In considering the income of the parties, FICA is deducted from the gross earnings. Another issue to affect the amount of child support the non-custodial parent is required to pay to the residential custodian; is child support in conformity with another order. The CSSA provides a $141,000 cap for child support to be based upon, but should the parents combined gross income exceed the cap, the court may at its discretion determine the proper amount of support, which may be based on the perpetuation of the lifestyle of the children, or other special needs. Similarly, while the CSSA prescribes the presumptive amount of child support to be paid, downward deviations from the presumptive amount can be achieved with approval from the Court.
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Once child support is set, a subsequent child support modification may be made to a child support order. A petition or motion must be filed by the parent seeking the child support payment modification, and should the relief be granted for more or less child support to be paid, the relief will be calculated retroactively to the date of filing. There are a variety of reasons for child support modifications, such as cost of living increase, new facts and circumstances, or loss of employment. In seeking a modification, it is important to amass as much evidence to support the basis for the modification prior to filing the action.
The attorneys at Castiglia-Rubinstein, Simon & Associates, are available to assist with initial calculations of child support, and subsequent child support modifications. At Castiglia-Rubinstein, Simon & Associates, our approach to child support and child support modifications is family and child centric. We will advise you as to the best course based on your circumstances, and with our experience provide you with parenting options that you more than likely have not even considered. Our divorce attorneys and family law attorneys at Castiglia-Rubinstein, Simon and Associates represent clients in resolving child support and child support modification agreements in Nassau County, Suffolk County, Queens County, Bronx County, Westchester County, Richmond County, Manhattan and Brooklyn Kings County New York.
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Having the right quality child support lawyer on your side can make a world of difference in a child support divorce case in New York. Although it requires you to make a lot of decisions that will have a huge effect on the rest of your life as it changes, finding a lawyer who will work with you, understand your wants and needs, and help you understand how the law can work in your favor can lead to positive results with your divorce. If you are ready to discuss your upcoming child support issues and divorce case with a divorce attorney in New York, contact the attorneys at the Law Offices of CASTIGLIA-RUBINSTEIN, SIMON & Associates today. We offer free initial child support, divorce law and family law consultations, and we are here to help you through this transitional time.
We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island Child Support and divorce lawyers, family law attorneys, and contested divorce or uncontested divorce attorneys today from wherever you live in New York in Nassau County, Suffolk County, and Brooklyn, Kings County and Queens County, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan New York.
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