Westchester County Child Support Attorney serving White Plains, and Mount Kisco, NY

Child Support Calculation for Low Income Parents

If a basic child support obligation would bring a noncustodial parent's income to below the federal poverty guideline, then the noncustodial parent is generally ordered to pay $25 a month in child support.

If a basic child support obligation would bring a noncustodial parent's income to below the New York State Self-Support Reserve ($16,862 annual income) then the noncustodial parent is generally ordered to pay $50 per month in child support or the difference between their income and the self-support reserve, if that difference is greater than $50.

New York Child Support Add-Ons

In addition to ordering the payment of basic child support, a Family Court can also require either parent to provide medical insurance for the child. Additionally, a child support order can require parents to cover other expenses related to their children. Typical expenses included in a child support order:

• Child care expenses incurred to allow a parent to go to work or school.
• Uncovered health insurance and medical expenses for the child.
• A portion of the child's educational expenses

The amounts for these expenses are in addition to the basic child support amount but are still considered part of the child support obligation. While basic support is intended to cover expenses such as shelter, food, clothing and other basic living expenses, the add-ons cover other costs often associated with raising a child.

Deviating from Child Support Guidelines

The child support amount ordered may be different from the guideline amount. Parents may agree or the court may order a different child support based on several factors including:

• Financial resources
• Health and well-being
• Standard of living
• Tax considerations
• Visitation expenses
• Extraordinary needs of the child
• Other children

Modification of Child Support Orders

Child support orders will often need to be updated and modified. A significant change in one parent's income allows a parent to petition the court to adjust the child support amount. This often happens when there is a change in employment, but it can be affected by other financial changes as well.

Complex Issues In New York Child Support Cases

Child support is not easily calculated in many cases and can be complicated by many different factors, which may include:

• Determination of income
• Unemployment or underemployment
• Calculation of visitation time
• Extraordinary needs of the child
• Alimony
• Joint custody
• Split custody
• Add-on expenses

ervices We Provide

At Riebling & Payton, PLLC, we offer a wide range of services to address all aspects of child support, including:

• Establishing Child Support: Helping clients navigate the initial process of establishing a child support order that is fair and reflective of the child’s needs.
• Modifying Child Support: Assisting clients in modifying existing child support orders due to changes in income, employment status, or the needs of the child.
• Enforcing Child Support: Ensuring compliance with court-ordered child support and addressing issues such as non-payment or underpayment.
• Calculating Support Payments: Using accurate income information and the child support formula to calculate appropriate payment amounts.
• Mediation and Negotiation: Offering mediation and negotiation services to help parents reach mutually agreeable child support arrangements outside of court.

Why Choose Riebling & Payton, PLLC?

Choosing the right attorney is crucial to achieving a favorable outcome in your child support case. Here’s why Riebling & Payton, PLLC is the best choice for your legal needs:

• Experienced New York Child Support Attorneys: Our lawyers have extensive experience in family law and a deep understanding of New York child support laws.
• Personalized Attention: We provide individualized attention to each client, ensuring that your unique needs and concerns are addressed.
• Strong Advocacy: We are dedicated advocates who fight tirelessly to protect your rights and ensure the best interests of your child.
• Compassionate Support: Our Westchester County child support lawyers understand the emotional challenges you are facing and provide compassionate support throughout the legal process.

Speak to an Experienced Westchester Child Support Attorney Today

If you are involved in a child support matter in the Westchester Family Courts located in White Plains, NY, New Rochelle, NY or Yonkers, NY, you should have an experienced and proven Family Law Attorney on your side.

New York Child Support FAQ

What happens if the other parent does not pay child support?

If a parent fails to pay court-ordered child support, enforcement actions can be taken, such as wage garnishment, tax refund interception, suspension of driver's or professional licenses, and even legal penalties.

Can we agree on a different child support amount than what the formula dictates?

Parents can agree on a different child support amount, but the agreement must be approved by the court to ensure it is fair and in the child's best interests. It is advisable to consult with an attorney to draft and review the agreement.

How long does child support last?

In New York, child support typically continues until the child turns 21, unless the child is emancipated earlier through marriage, military service, or other means. Support may also continue if the child has special needs.

Can child support be paid directly to the child?

Child support payments are generally made to the custodial parent or guardian. However, in some circumstances, payments can be made directly to the child, especially if the child is over 18 and attending college.

What should I bring to my consultation with a child support attorney?

Bring any relevant documents, such as pay stubs, tax returns, financial statements, and existing child support orders. This will help your attorney understand your financial situation and provide accurate advice.