Experienced Child Support Lawyer on Long Island Offering Expert Legal Assistance in Child Support Matters
Navigating child support can be a challenging aspect of any separation or divorce. It involves the legal obligation of non-custodial parents to contribute financially to the upbringing of their children. Laws related to child support are typically state specific, which means here on Long Island, child support is treated differently than it would be elsewhere in the United States.
In order to help you navigate this type of financial support, we recommend you contact child support attorney on Long Island can provide indispensable guidance and representation in these matters.
The Law Office of Gina M. Pellettieri, PLLC, led by Gina Pellettieri and her amazing team, brings a comprehensive and equitable approach to handling child support cases. Recognizing the sensitive nature of these matters, we focus on achieving solutions that serve the best interests of the children involved while ensuring fairness to both parents.
Rather than fight for one side, we look for fairness, and use a process called mediation to help you achieve it. If you need a Long Island divorce lawyer to create a fair child support agreement between two parties, please contact us today.
Determining Fair Child Support in New York
Fair child support is determined based on several factors, including the income of both parents, the number of children, and the specific needs of the children. The state follows the Child Support Standards Act (CSSA) which provides a formula for calculating support payments, which is why, when child support “battles” are fought in court, there tend to be results that seem or feel unfair to one or both parties.
The truth is that every family’s situation is unique, and an experienced child support lawyer can help navigate these complexities. Mediation offers an alternative. You work with a divorce lawyer experienced in mediation, and then come up with a plan through a process that is customized to be fair to all sides. Some of the services we offer include:
- Comprehensive Evaluation – We conduct a thorough evaluation of your situation, considering all financial aspects to ensure an equitable child support arrangement.
- Negotiation and Mediation – Our team excels in negotiation and mediation, striving to reach amicable agreements that minimize conflict and promote cooperation between parents.
- Court Representation – When necessary, we provide robust representation in court to protect your rights and ensure a fair outcome.
- Modification and Enforcement – We assist in modifying existing child support orders due to changes in circumstances and aid in the enforcement of child support orders.
- Guidance and Support – Our clients receive continuous guidance and support throughout the process, ensuring they are informed and comfortable with every step.
Perhaps most importantly, the plan that we create together is one that is based on fairness, equality, an understanding of the law, and one that is customized based on your situation.
Why Choose Gina M. Pellettieri, PLLC?
Gina Pellettieri brings extensive experience in family law, including child support cases. Her knowledge of New York’s legal system and commitment to her clients’ best interests make her a formidable advocate in child support matters. The firm’s approach is tailored to address both the immediate and long-term needs of the families we serve.
Contact Us for Expert Child Support Legal Assistance
If you require a divorce attorney for child support matters on Long Island, contact the Law Office of Gina M. Pellettieri, PLLC. Our team is ready to provide you with the professional, knowledgeable, and unbiased legal support you need. Call us at 631-320-1493 or fill out our online form to begin the process towards a fair and sustainable child support arrangement.
FAQ About Child Support Law in NY
How Does Child Support Work In New York?
Child support is money paid by the noncustodial parent to the custodial parent of a child during and after a divorce or legal separation. The custodial parent is the one who has physical custody of the child, meaning the child lives with that parent the majority of the time.
Child support payments are meant to provide the custodial parent with the financial means required to cover the child’s basic necessities such as food, shelter, clothing, transportation, and the like. Even though the payments are made to the custodial parent, the money is to be used to benefit the child. A custodial parent may seek child support payments even if that parent could afford to support the child on their own. The court may also order the noncustodial parent to provide health insurance to the child as a part of a child support order.
Once a child support order is finalized by the court, it cannot be stopped or modified without court authorization and should continue until the child becomes of legal age or becomes emancipated before turning 21 by getting married, joining the military, or becoming self-supporting and not requiring parental funds to cover their basic needs.
How Are Child Support Payments Calculated?
When it comes to determining how much each child support payment should be and how often the noncustodial parent should be making those payments, the parents may come to an agreement on their own and submit it to the court for approval. If they cannot reach an agreement, the court may use a mathematical formula to calculate child support payments.
The formula takes into consideration a few different factors, such as the number of children being supported and the net income of both parents. Then, the court may determine that a percentage of the combined parental income be set aside for child support. That percentage varies according to the number of children being supported – from 17% of the combined parental income for one child to at least 35% for five or more children.
In certain cases where parents have a high income, the court may decide to apply the formula to any portion of the parent’s income that exceeds the threshold of $163,000 (current as of March 2022). Alternatively, the court may decide to apply a different percentage and provide the reasons for doing so, whichever option benefits the child the most.
What Happens If I Can No Longer Afford To Pay Child Support?
Sometimes, the noncustodial parent may face life events or circumstances that may cause them to fall behind on child support payments or have trouble affording the amount due for each payment. It goes without saying that falling behind on child support payments or stopping them altogether without previous authorization from the court can result in a major headache for the payor and even lead to judicial enforcement actions – including referral for criminal prosecution in some cases.
If you are a noncustodial parent struggling to make ends meet while paying child support, it is best to take action before falling behind on payments and ask the court to modify the amount of each payment by filing a child support modification request. A child support attorney can help you with this process, and if you can effectively demonstrate to the court that you can no longer afford the original child support payments, the court may agree to your modification request.
In addition, it is never a good idea to try and make changes to your child support payment amount and frequency without submitting a modification request – even if the other parent is in agreement. Sometimes, the custodial parent may refuse to comply with the court-ordered parenting schedule, and the noncustodial parent responds by withholding child support payments. While the custodial parent could be said to be in contempt of court, the court will likely not look at the noncustodial parent’s decision with a kind eye.
When Should I See A Child Support Attorney?
A child support attorney can help you with the process of seeking a child support order in court, walking you through the process of requesting a modification, and helping you ask the court to enforce a child support order when the noncustodial parent is failing to comply or has fallen behind.
Child support can often be a difficult issue, bringing up a lot of emotions as it is often linked to other aspects of a divorce, such as parenting time and custody matters. A child support attorney can provide knowledgeable guidance and advice to help you make the right decisions with a clear mind. At the Law Office of Gina M. Pellettieri, Attorney Gina M. Pellettieri and her legal team have helped countless clients in the Suffolk county area to resolve their child support matters in a favorable manner. If you need help with a child support problem or have questions, simply contact the Law Office of Gina M. Pelletieri by calling 631-320-1493.