Top Rated Family Law ATtorneys
Top Rated Family Law ATtorneys

Experienced New York City Child Support Lawyer - Child Support in NYC

Why Hire Our Family Law Firm?

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 with a strategy that is within the structure of the law and aligned with the clients’ long-term goals.

In each case, I offer attentive care while navigating the difficult legal aspects of child support and family law in NY, 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.

Accomplished Manhattan Child Support Attorney

Each marital partner comes to divorce and the amount of child support from a unique perspective. In many cases, this difficulty in coming to an agreement can be 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 the children’s needs ahead of their own.  This applies equally to both custodial and non-custodial parents.

As an accomplished New York child support lawyer, I understand the complex nuances of the law regarding child support orders in the US and can help you navigate the legal landscape while keeping the needs of your children front and center.

We Support You:

Divorce is never easy, no matter how amicable and agreeable the situation is. 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. That requires a talented child support lawyer. A good lawyer must provide the best possible solution 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 clients in the dissolution of their marriages in New York with a keen eye toward their emotional safety and financial welfare.  You don’t have to face child support issues alone – call the law offices of Juan Luciano Divorce Lawyer today at our phone number (212) 537-5859

NY Child Support Guidelines

Many clients want to know who is responsible for and how child support is calculated under the law. Child support will be dependent on the couples’ custody situation and the income of both parties. Additionally, many clients are concerned about how much child support they will be required to pay in NYC.

Under New York State family laws, parents have a responsibility to support their children until the age of 21 or until the children are emancipated. In the case of a divorce or separation, the financial responsibility is mandated in the form of a legal child support order which sets out the terms of child support as they affect each parent. To learn more about New York’s child support guidelines, contact the law offices of Juan Luciano Divorce Lawyer today at our phone number (212) 537-5859.

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 their 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, the law utilizes what is known as the “income shares model” to calculate 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 the combined gross income for 5 children

The law then requires a cost of living review to take place every 2 years.

Calculating Child Support in NY

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Enforcement Of Child Support

After the family court makes a decision about child support, the non-custodial parent is required to pay through a child support order. In the case where a custodial parent is not receiving the mandated child support from the non-custodial parent, the custodial parent can choose to enforce the child support order with the assistance of a New York family law 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

Child Support Modification

Over the years, many things may change in the lives and circumstances of co-parents and their families, both physically and financially. These changes may indicate the need for a modification of the child support order. Any change must be deemed “substantial” and fall into one of three categories:

  • There has been a substantial change in circumstances since the support order was filed.
  • Three years have passed since the order was entered, modified, or otherwise adjusted.
  • There has been a change in the gross parental income by fifteen percent or more since the order was entered, modified, or otherwise adjusted.

Under these criteria, a support modification petition may be filed with the court.

A judge or officer of the court will examine the circumstances of the case and decide whether the changes warrant a support modification and by how much. The laws for New York child support are complex. Seeking the help of experienced child support lawyers can be beneficial before filing for any child support modification. Our team at Juan Luciano Divorce Lawyer may be able to help. Call our law office today at (212) 537-5859 for a free consultation and to discuss your options with our experienced New York child support lawyers.

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Mandatory Add-On Expenses

Add-on expenses, which are added to the child support obligation, are calculated in addition to the basic obligation. Each parent is responsible for paying their share of these costs. These add-on expenses include the cost of health insurance for the child, unreimbursed health care expenses (such as co-payments), and a share of any necessary childcare expenses.

The child’s health insurance and other health care expenses such as co-payments usually make up the health care costs. Childcare refers to any childcare expenses that are incurred by the custodial parent while they work, obtain primary or secondary education, or pursue post-secondary, vocational, or other education that is deemed necessary for them to find work.

Both parents are expected to share the responsibility for reasonable child care and healthcare costs. If a parent with custody incurs medical or childcare costs without the other parent’s consent, they may be solely responsible for the costs.

The court may also include non-mandatory expenses such as education expenses or extracurricular activities.

It is important to speak to an experienced child support lawyer in New York when dealing with matters such as these mandatory add-on expenses. A skilled lawyer in New York can help you understand your role and responsibilities in the child support order. To schedule an appointment with our top-rated NYC child support lawyers, contact (212) 537-5859.

Complex Child Support Cases In New York State

Despite what may appear on the surface to be simple guidelines and formulas, most divorces and child support cases in New York City 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 a custodial or a non-custodial parent, having the legal support of an experienced New York child support attorney on your side is invaluable. 

To schedule a consultation with a New York lawyer, contact Juan Luciano Divorce Lawyer today at (212) 537-5859

Interstate Child Support Lawyer New York

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 first get the ability to go beyond the state’s jurisdiction to enforce a child support order.

Within the United States, interstate child support cases are decided under the Uniform Child Custody Jurisdiction and Enforcement Act which sets clear and unambiguous guidelines for remedies. 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 legal considerations are made prior to the move. 

Having the representation of a skilled interstate child support attorney in New York is crucial. 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 at (212) 537- 5850 for a consultation regarding child support in NY.

New York City High Net Worth/High-Income Child Support Cases

In the case of high-net-worth divorces 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.

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 while ensuring that a child’s needs will be met in both parents’ homes. If you are a high net worth individual concerned about New York child support laws, contact Luciano Divorce Law Firm today to speak with a top-rated lawyer for child support. 

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. Family courts leave some latitude in these cases while trying to continue to serve the child’s best interests.

Unlike medical expenses, the family courts 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.

New York Private School And College Expenses Of Children

Experienced NYC Child Support Attorney

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 your 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 move toward a brighter future.

When you need an experienced lawyer for child support or child custody, contact the Midtown offices of Juan Luciano Divorce Lawyer to schedule a consultation. When you rely on my track record and experience, you can rest assured that you are in good hands. We can help with child custody and child support issues in New York, Bronx, Westchester County, Upper East Side, and all other areas of New York City.

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