Long Island Child Support Attorney

Helping Families Seek Child Support in Suffolk & Nassau Counties  

When a parent petitions for child support, the Court makes the ultimate decision based upon very specific guidelines from the Child Support Standards Act (CSSA). These guidelines determine the specific amount of the non-custodial parent’s income that will be required for payment of child support.

In order to determine if the non-custodial parent is able to pay child support, the Court will investigate all income and assets by obtaining employment and tax documents. If the non-custodial parent’s whereabouts are not known, the Court will make attempts to locate the parent through Federal, State, and local resources.

Whether you are seeking initial child support, modification of child support, or looking to enforce non-payment, our firm is here to help you make sure that your child gets the proper support that he or she deserves. If you are going through a divorce, our Long Island family law firm is a one-stop-shop for all your legal matters. Let us guide you through these legal challenges to a brighter future.

Child Support Laws in New York

To obtain child support, a petition must be filed in Family Court to acquire an order for child support. After the financial information of the non-custodial parent is presented to the Court, the CSSA guidelines are viewed and an amount is determined based on gross income, as well as the number of children involved. As per the guidelines, the Court takes the adjusted gross income and multiplies it by the percentage that is associated with the number of children.

• 17% for One Child
• 25% for Two Children
• 29% for Three Children
• 31% for Four Children

That figure is then divided by 52 weeks to determine how much should be paid weekly and can be easily translated to monthly payments if the arrangement calls for it. This is the basic child support number. In addition to this, medical expenses, educational expenses, and child care are also taken into consideration. The overall child support payment is intended to cover the child’s costs of food, a place to live and clothing, as well as other basic living expenses.

The CSSA guideline is applied, almost always, to any parental income not in excess of $143,000.00. For any parental income over that amount, the Court may or may not use these guidelines and may take into consideration other ways of determining an amount for child support.

Child Support & Separation Agreements

Child support can be included in a separation agreement between the parties, which is a written contract that sets out the terms of the separation. A separation agreement can be negotiated and agreed upon by the parents with the help of attorneys or a mediator.

In New York, the separation agreement should include a provision for child support that is consistent with the CSSA formula. However, the parties can agree to a different amount of child support, as long as the agreement is in the best interests of the child and is not unconscionable.

If the parties agree to a different amount of child support, the court may review the agreement to ensure that it meets the child's needs and that it is fair and reasonable to both parties. The court may also consider whether the parties had adequate information about their financial situations when they entered into the agreement.

It's important to note that child support is the right of the child, not the parent, and the court has the authority to modify the child support amount at any time if there is a change in circumstances, such as a change in income or the child's needs. Therefore, even if the parties have agreed to a certain amount of child support in a separation agreement, the court can still modify the amount if it determines that the current amount is no longer appropriate.