Queens Child Support Lawyers
Fully Protect Your Legal Interests with Queens Child Support Lawyers
Divorce proceedings represent some of the most legally complex and emotionally challenging of all court matters in Queens, elsewhere in New York, and across the United States. One of the potentially most contentious elements of a divorce case is that involving child support.
In the past two decades, New York law has been refashioned in an attempt to make issues associated with child support less contentious. This has included the creation of specific guidelines that are designed to make the calculation of child support more standardized and less subjective.
Temporary Child Support
At the commencement of a divorce case, motions are filed by the spouses to obtain temporary orders. Temporary orders deal with issues that include child custody, parenting time or visitation, and child support.
The child support guidelines come into play when a temporary child support order is issued by the court. The guidelines primarily take into consideration the income of both parents in calculating the child support obligation of the noncustodial parent. Other factors include extraordinary expenses that may exist in a specific case. These can include medical expenses associated with a child.
“Permanent” Child Support Order
At the conclusion of a divorce case, the court will include a “permanent” child support order as part of the marriage dissolution decree. Once again, computing the final child support order in a divorce case is done utilizing the New York Child Support Guidelines.
Child Support Enforcement
Unfortunately, there are many instances in which the parent obliged to pay child support fails to honor that obligation. In other words, this parent fails to comply with a court order regarding child support.
When that happens, the parent who is to receive support payments on behalf of a child needs to seek assistance with enforcement of a child support order. There are different options available to a parent who needs to seek enforcement of a child support order. These include potentially being able to seek assistance from the state of New York as well as retaining the professional services of an experienced Queens child support lawyer.
Changing Child Support
There may come a point in time when a legitimate reason exists for altering or amending a child support order. For example, if a parent has experienced a significant change in income, an alteration of an existing child support order may be appropriate.
The parents can agree on altering a child support order. In the alternative, if no agreement is reached, a parent can file a motion with the court to seek such an alteration
Not only must there be a notable change in income to support a change in child support, a certain amount of time must pass between the establishment of a child support obligation and an attempt to alter that order. The law does not permit regular and routine alterations of child support orders, upwards or downwards.
Even when parents agree on an alteration of a child support obligation, a court still analyzes the proposed change to ensure that it is consistent with the guidelines. Barring some unusual circumstances, New York law does not permit significant deviations from the child support guidelines.
Hire Experienced Queens Child Support Lawyers
As a general rule, attempting to address child support issues without legal assistance is not an advisable course. Rather, you should give serious consideration to retaining legal counsel.
You can schedule an initial consultation with a Queens child support attorney to learn more about the law and your legal rights. Generally speaking, there is no fee charged for this type of consultation with a prospective client. Through such a consult, you can obtain an evaluation of your case and answers to your questions.