Child Support Lawyer
If you are contemplating, or already involved in a Child Support matter, my offices, the law firm of H. Michael Stern, Esq., can provide you with the guidance and representation that you need to achieve the results that you are seeking.
As a Child Support Lawyer, I can help you obtain a child support order, or help you collect child support arrears due to you. On the other hand, I can also defend a child support proceeding, including cases relating to the emancipation of children prior to their 21st birthday (where permissible by law).
I have been aggressively litigating Child Support cases in the Supreme Court and Family Court for over 30 years, as a Long Island New York matrimonial and family law attorney.
I have achieved proven results for my clients in their child support cases.
I have conveniently located offices in Nassau County.
If you need representation concerning a Child Support case, please call me for a free consultation at 516-747-2290 or 718-DIVORCE to discuss your matter.
Volumes have been written about child support, so I shall be brief. Child support in New York is based on a formula approach. If the formula is followed, the “non-custodial” parent will be required to pay from his or her income: 17% for one child; 25% for two children; 29% for three children; 31% for four children; and, no less than 35% for five or more children. The Court has authority under certain circumstances to deviate from the formula if applying it would be unjust and inappropriate. A parent’s child support obligation is not necessarily determined by his or her current financial condition. It is based upon his or her ability to provide support. If a Court determines child support, it is not bound by a party’s actual reported income in applying the child support guidelines formula, and instead can use that party’s actual earning capacity or make its own determination of what it believes the party’s income to be. This process is otherwise called imputation of income. Income may be imputed by a Court if the party’s account of his or her finances is not credible or believable. If the “custodial” parent is working or in school, then the Court will also require the “non-custodial” parent to contribute to child care expenses. The Court will also require the “non-custodial parent to contribute towards unreimbursed health care expenses for the child. Educational expenses may also be apportioned between the parents. Under New York’s child support laws, the parties may settle the amount of child support (other than through application of the formula) by themselves without the intervention of a Court as long as the parties correctly apply the law and the Child Support Standards Act in their agreement and paperwork (if a divorce is sought). A parent must support a child until the age of 21 years old unless the child is emancipated by law at an earlier age. A parent can agree to support a child beyond the age of 21 in a valid agreement. The Supreme Court and the Family Court have jurisdiction over child support proceedings in New York. It is always recommended that an experienced child support lawyer to represent your interests in any court case. As a child support attorney, I have that experience.
If you want to try to enter into a child support agreement with the other parent out of court, I also offer individualized representation as well as mediation services. I have helped clients settle the issue of child support by agreement on countless occasions during my career. I can also assist you and the other parent in mediating the issue of child support. Please contact my office to schedule an appointment for a free consultation at 516-747-2290 or 718-DIVORCE to discuss whether seeking a child support agreement with the other parent is the best approach for you.
The above offers general information for educational purposes. It does not provide comprehensive or complete legal analysis. Any information that I provide should not be relied upon as legal advice or legal opinion on any particular facts or circumstances. Outcomes and results described do not mean or suggest that similar results or outcomes can or could be obtained in any other situation. Each legal matter should be considered to be factually unique and subject to varying results. The invitation to contact the author is not a solicitation to provide professional services, nor is it a statement of availability to perform legal services in any jurisdiction other than the State of New York.