Overview of New York Child Support Laws
The foundation upon which a child support obligation is based in New York is the income of the parents. There are other factors that can come into play in more extraordinary situations. These can include issues related to the health of a child.
There are three financial factors that can directly impact a child support obligation, according to New York child support laws. These are:
- Combined Parental Income Amount: $143,000
- Self-Support Reserve: $16,281
- Poverty Income Guidelines Amount (single person): $12,060
These represent income issues that can cause an adjustment and deviation from the child support guidelines in New York. For example, parental income above $143,000 may result in an upward adjustment of a child support obligation. Reaching the poverty level guideline amount may result in a downward adjustment.
Temporary Child Support Order
If you have children and file for divorce, the court will issue what is known as a temporary child support order. This initial order is in place until the final divorce decree is issued in your case.
At the time divorce proceedings commence, both spouses need to file with the court certain financial disclosures. This includes information on income, assets, and debts. The income disclosures form the basis upon which a temporary child support order is formulated by the court.
The parties have the ability to enter into an agreement regarding temporary child support. However, such an agreement must utilize a child support payment amount that is consistent with the child support guidelines used in New York. If there is any significant deviation, the parties must demonstrate to the court why it exists. This particularly is the case if the deviation in the child support obligation is downward.
Final Child Support Order
At the conclusion of divorce proceedings, the court includes a final child support order in the divorce decree. Oftentimes, the final child support obligation is an amount similar to what was temporarily ordered by the court during the divorce proceedings.
Alter or Amend Child Support Order
If a child support order has been in place for a period of time, the possibility exists to seek an alteration of or amendment to the existing order. This process commences with the filing of a motion to alter or amend child support.
As is the case with a final child support order in a divorce case, the parents can reach an agreement regarding a change to the child support obligation. Once again, the proposed child support figure must be consistent with the New York Child Support Guidelines and approved by the court. Any deviation from the guidelines must be justified and in the best interests of the child.
Retain Bronx Child Support Lawyers
The first step to take in hiring a skilled, experienced Bronx child support attorney is scheduling an initial consult. During an initial consultation you will be able to obtain more information about child support law and court proceedings. A lawyer will evaluate your particular situation and provide some insights into what you might be able to expect. There usually is not a fee charged for an initial consultation with legal counsel in a child support case.