Suffolk County Child Support Attorney
Child Support Legal Matters in Suffolk County and Throughout Long Island
State law, under The Child Support Standards Act (CSSA), requires the Court to award child support based upon a specific formula. Those parents that choose to make their own arrangements can opt-out of the statutory law and may negotiate these matters with the guidance of their respective counsel or in mediation or in the process of a
collaborative divorce. Parents have the right to opt out of the statute, but only after they have acknowledged, in writing, knowing the calculation to determine the proper child support amount under the CSSA.
In addressing the issue of child support, while the courts are bound to follow statutory guidelines, those guidelines require the courts to also insure that a stable environment for the children is maintained. In doing so, the goal of maintaining the children's' prior lifestyle when possible is important. The needs of families are as unique as are the individual family members. The courts will take into consideration the earning capacities of each parent, their assets and their debts. Paying for private schools, tutors, extracurricular activities, medical needs, and other like issues are important issues involved in child support. Jane K. Cristal, P.C. sits with each of its client's and carefully assesses all issues and factors concerning child support to insure that all relevant issues are argued before the court.
Child Support Lawyer in Suffolk County, New York
Although it is often assumed that the child support obligation ordered by the Court is a fixed percentage of the parent's income, the sum is actually affected by a number of other factors, including the number of children involved, the income of each parent, the type of custody set forth in the parties' agreement and/or judgment of divorce; and as well as any special needs of the Child(ren), including educational or health-related issues. The calculations may become very complex, and it is advised that you have the assistance of an experienced Suffolk County divorce attorney from Jane K. Cristal, P.C., the matrimonial and family law attorneys.
In general terms, without addressing the specific facts and circumstances in a particular family, the noncustodial parent is expected to pay to the custodial parent a child support obligation that is the result calculated by examining the combined parental income, making pro rata adjustments, and applying the following percentages: 17% of the payor's adjusted gross income when there is one child. With two children, the percentage increases to 25%. With three children, the percentage increases to 29%. Four children of the relationship may require 31% of the non-custodial parent's income and for 5 or more children, it will likely be calculated at 35%. The statute caps the combined parental income at $141,000 but case law has established that the Courts will likely apply the formula beyond the cap stated.
Each case will present specific information and needs, and must be analyzed on a case by case basis. The statute requires that certain "add-ons" for health insurance, medical expenses, child care expenses, and special needs be considered and made part of the child support order. Our firm will evaluate your specific circumstances; inform you how the statute will affect your future child custody payments, whether paid or received, and will share extensive knowledge about all child support matters, whether negotiated or litigated in Court.
Contact a Suffolk County child support lawyer
our firm, Jane K. Cristal, P.C., for a consultation concerning child support issues.