Over my years in practice, I have led my clients through some of the most difficult aspects of divorce, child support, and custody. My goal is to help family law clients get to a place that honors their own needs while keeping them within the structure of the law and their long-term goals.
In each case, I offer attentive care while navigating the difficult legal aspects of child support and family law, in a way that will serve my client not only in the present but also well into the future. I do this within the frameworks of mediation, negotiation, and litigation, often having to switch strategies to fit the changing climate of a couple’s relationship during the process. This demands an aggressive, yet emotionally refined approach at all times.
Each marital partner comes at divorce and amount of child support from a unique perspective. In many cases, that is one of the reasons for divorce in the first place. But when it comes to co-parenting children during and after a divorce, each partner is tasked with the need to come together — maybe as they have never done before — to put those child’s needs ahead of their own. This applies equally to both custodial and the non custodial parent.
As an accomplished family law and child support attorney, I understand the complex nuances of the law and will help you navigate them while keeping the needs of the children front and center.
We support you:
Divorce is never easy, no matter how amicable and agreeable the situation. The reality is that no one goes into a marriage thinking that it may end. And here you are.
Especially when there are children involved, you want the best possible experience for the sake of all involved. And that requires a talented child support lawyer. A good lawyer must provide the best of solutions in the worst of times and that is a skill that is developed with time and experience.
For over a decade, I have passionately represented New York City clients in the dissolution of their marriage with the keen eye toward their emotional safety and financial welfare.
Many clients want to know, under law, who is responsible for and how child support is calculated. This will be dependent on the couples’ custody situation and the income of both parties. Additionally, many are concerned about how much child support they will be required to pay in New York City.
Under New York State family laws, parents have a responsibility to support their children until they reach the age of 21 or until they are emancipated. In the case of a divorce or separation, these must be mandated in the form of a legal child support order which sets out the terms of child support as they affect each parent.
Generally speaking, in the case of child support, the non custodial parent is required to pay child support to the custodial parent to use for the benefit of that child. The non custodial parent must continue to pay as long as the order for child support is in place, is modified, or the child reaches the designated age of majority.
When considering the amount of child support in New York, the law utilizes what is known as the “income shares model” to calculate the child support payments. Under this model, the child, in theory, will be receiving the same proportionate share of the parents’ joint income as he or she would if the parents had remained married. Consequently, both incomes are used in the calculation of child support payments, and the percentages remain the same as they did during the marriage.
Under the NY child support model, the proportions are fixed and applied to the gross income of both parents, depending on the number of children.
● 17% of combined gross income for 1 child
● 25% of combined gross income for 2 children
● 29% of combined gross income for 3 children
● 31% of combined gross income for 4 children
● And no less than 35% of combined gross income for 5 children
The law then requires a cost of living review to take place every 2 years.
After the family court makes a decision, the non custodial parent is required to pay child support. In the case where a custodial parent is not receiving the mandated child support from the non custodial parent, he or she can choose to enforce it with the assistance of a New York child support lawyer.
Enforcement can take many avenues, subjecting the noncustodial parent to potential
● Garnishment of wages
● Seizure of property
● A lien on that parent’s home or business
● Loss of a professional or occupational license
● Loss of a driver’s license
● Loss of a passport
● Interception of income tax refunds
● A court order indicating that he or she must pay the other’s attorney fees and court costs
● Negative credit rating
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Despite what may appear on the surface to be simple guidelines and formulas, most divorces and child support cases are far more complex and don’t fit neatly into boxes. Many problematic issues often arise at a time when emotions are running high and the financial future of the child is at stake. This is why it is important to get the assistance of a skilled and experienced New York child support lawyer when navigating a divorce settlement. Whether you are the custodial or the non custodial parent, having an experienced New York child support attorney on your side is invaluable.
It’s important to keep in mind that the enforcement of the terms of your divorce only extends to the state of New York. Once one of the parties relocates, removes the child from the state, or discontinues support payments, you must be able to go beyond the state’s jurisdiction.
Within the United States, these cases are decided under the Uniform Child Custody Jurisdiction and Enforcement Act which sets clear and unambiguous guidelines for remedies. This means if your former spouse moves to New Jersey, they must continue to pay child support in the same amount.
Neither parent, even in the case of a custodial parent, has the right to move with the child out of the state unless considerations are made prior to that move.
Having the representation of a skilled interstate child support attorney in New York is paramount.
If you are dealing with an interstate divorce case, for instance in New Jersey or beyond, hiring a great divorce law firm with experienced child support attorneys can help you resolve the situation with the minimum heartache and expense. Call Juan Luciano divorce law firm today for a consultation (212) 537- 5850 .
In the case of high net worth couples here in New York, the rules become more fluid and more care must be taken. The statutes set forth by the family court are meant to be guidelines that work for the majority of couples. But in the case of high net worth clients, child support cases are more highly nuanced and require a more in-depth understanding of the legal and financial implications.
In these cases, a standard of living analysis must be made, conducting a thorough analysis of what it will take to maintain the family’s standard of living in balance while ensuring that a child’s needs will be met in both parent’s homes. If you are a high net worth individual concerned about New York City child support laws, contact Luciano Divorce Law Firm today.
The educational expenses of a couple’s children are often an important consideration when it comes to child support and family law in New York City. Family courts leave some latitude in these cases while trying to continue to serve the child’s best interests.
Unlike medical expenses, family court may or may not choose to assign responsibility when it comes to educational costs. Although this flexibility is meant to serve the uniqueness of each case, it often becomes contentious in a divorce. Having the negotiating expertise of a skilled New York child support attorney can ensure that educational benefits for the child are handled carefully and with finesse.
When navigating a divorce, you need the guidance of a compassionate NY family lawyer who can maneuver an emotionally difficult time to the greatest legal and financial benefits of the client and his or her children. My job, as that lawyer, is to aggressively advocate for your rights and guide you to the end of the tunnel. Since 2008, I have dedicated my practice to the rights of couples and children in the throes of divorce so they can go on toward a brighter future.
When you need an experienced child custody lawyer in New York, contact the Midtown offices of Juan Luciano Divorce Lawyer to schedule a consultation. When you rely on my expertise and experience, you can rest assured that you are in good hands. I also offer a Bronx family law firm location for your convenience.
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