Nassau County Child Support Attorneys

Child Support Lawyers Representing Your Child’s Best Interests Throughout Long Island, New York

After a divorce, being a primary caregiver is time-consuming and expensive. It is an integral part of many people's care for their children to pay child support. It may be impossible for them to provide everything necessary for their kids if their payments start faltering. It's important to advocate for what you need, especially when it comes to providing for your children.

Children have a right to be supported by their parents until they become emancipated. Our Nassau County child support lawyers at Winter & Grossman, PLLC, can help you navigate the child support process to protect your rights. 

With over 65 years of combined experience, our Nassau County child support attorneys are proud to serve the families and children of Long Island, New York and will be happy to fight for you and your child's best interest. 

To speak with an experienced Nassau County child support lawyer, contact us online or give us a call at (516) 447-8977.

How Does Child Support Work in New York?

How Long Does Child Support Last in New York?

In New York State, generally, parents must support a child until they reach the age of 21.

There are exceptions; for example, when a child under 21 is married or in the military. When parents live apart, one parent will almost certainly be required to pay child support.

The parent having “residential” custody of the child will receive support from the other parent (residential custody is different than “legal” custody). This can be accomplished by agreement or court intervention. We help parents prosecute such claims and defend against them to help ensure that the amounts are appropriate.

How to Determine Child Support in New York

• To determine child support, the court first determines which parent is the “custodial” parent.

If that has not been determined, or the parties and child(ren) are still living together, custody will need to be addressed before child support. Assuming custody has been resolved, the court will consider any agreement signed by the parties resolving custody and/or child support. Otherwise, the court will follow the New York State Child Support Standards Act (“CSSA”).

• Before the court proceeds, the parties will be required to exchange financial information.

Our experienced Nassau County family lawyers help our clients gather the proper information to make sure that the court has a complete picture. With effective counsel, parties can often resolve their issues at this stage. If they cannot, the court will engage in fact-finding to determine each party’s income, which includes income from many sources, not simply from employment. After the court determines each party’s income, the court must then make certain deductions.

• The court then adds the parties’ incomes to compute the combined parental income.

If that income is at or below the statutory cap, the court will apply the appropriate percentage based upon the number of children of the relationship (17% for one child, 25% for two children, 29% for three children, etc.) to the payor’s income to determine the amount of child support.

• If the parties’ combined incomes exceed the statutory “cap,” the court must consider certain factors before awarding child support in excess of the cap. Courts in our area often award child support in excess of the cap.

In addition to basic child support, parents may be ordered to provide or contribute toward the other expenses of the child(ren), often referred to as “add ons.” 

• “Add ons” may include the cost of health insurance and unreimbursed medical expenses, childcare, and likely the cost of a college education as well.

Understanding the Importance of Child Support Agreements

Stipulations addressing child support are not just legal obligations; they are essential for ensuring that your child's needs are met. At Winter & Grossman, PLLC, we understand that navigating these stipulations can be complex and emotionally charged. Our experienced attorneys are dedicated to helping you create a fair and sustainable child support plan that prioritizes your child's well-being.

Here are key reasons why having a clear child support stipulation is vital:

• Stability for Your Child: Regular and consistent support contributes to a stable financial situation.
• Legal Protection: A formal stipulation can be incorporated into a court order or judgment which will provide legal recourse in case of non-compliance, ensuring that your child's needs are prioritized.
• Clear Expectations: It sets clear financial obligations and limitations for both parents, reducing the potential for conflicts and misunderstandings.
• Future Adjustments: Well-structured stipulations can address changes in circumstances, ensuring that support remains fair and adequate.

We are here to guide you through the process of drafting, negotiating, and finalizing child support terms so that you can focus on what matters most—your child's future.

Modification of Child Support in New York

• Has your income dropped?
• Have the needs of your child increased substantially?
• Have more than three years passed since the date of your last child support order?

You may be entitled to a modification. Either parent can file an application for modification of child support. The basis for such an application will depend on, among other things, the date of the last order of support, and whether or not the parties agreed to the support in writing or if it was determined by the court.

For more recent orders, unless the parties agreed otherwise, a court may modify an order of child support where:

• There has been a substantial change in circumstances since the date of the last order; or
• Three years have passed since the order was entered, last modified, or adjusted; or
• There has been a change in either party's gross income by 15% or more since the order was entered, last modified, or adjusted.

While there is no definitive list of factual scenarios that may constitute a substantial change in circumstances, some examples of include: A material change in one or both parent’s incomes as a result of an illness or injury, or substantially increased expenses resulting from the medical needs or illness of a child.

Set up a consultation with our dedicated Nassau County child support lawyers. Contact us online or give us a call at (516) 447-8977 today.