Child Support 

New York Child Support Lawyers

Child support is mandated by New York State Statute and must be included in any divorce settlement. Contrary to what some people believe, it is not intended to punish the person required to pay it nor reward the custodial parent who receives it. It is for the benefit of a child, and the obligation to pay child support cannot be discharged through bankruptcy or unemployment, or voluntarily waived by the custodial parent. Additionally, while the amount required will depend on the income of each parent, just because a custodial parent remarries or improves his or her financial situation does not mean the child support obligations of the non-custodial parent will change or cease. If there is a material, unforeseen change in your circumstances, you may be entitled to a modification of your child support agreement or order. 

Don't wait until the court holds you in contempt for failing to abide by the terms of your divorce settlement or court order. This is a time to be pro-active - contact child support attorneys at The Mandel Law Firm today.

How much Child Support will My Ex-Spouse or I have to Pay?

Child support is calculated according to a formula contained in New York State law. While the court is willing to take into consideration extenuating circumstances that affect one's ability to pay child support, the formula used provides a good estimate of what you will be expected to pay. If the non-custodial paying spouse earns in excess of $80,000 a year gross income, a judge has the discretion to determine what amount of support should be paid.

If a non-custodial parent is currently paying child support for children from different marriages or mothers, the court will subtract the amount currently being paid and use the remaining amount as base income before using the child support formula.

Child Support and other Legal Issues

Failure to pay child support can impact your credit history, result in garnishment of wages, loss of your driver's license, and may even lead to jail time. In extreme cases, the state may act to seize certain assets or property. As our world becomes increasingly wired, it has become easier and easier for individuals to be tracked and located. Individuals who fail to pay child support run the risk of encountering substantial legal and financial difficulty later - even if they manage to avoid problems initially.

Loss of Employment and Illness - Modifying Child Support Payments

If illness or the loss of employment creates the need to increase the child support received or decrease the amount paid, a modification of child support may be appropriate. An informal verbal agreement between you and your ex-spouse or parent of your child will not be enforceable and could lead to future legal complications. Our attorneys can prepare all the necessary documentation for you to petition the court to seek a modification of the amount of child support you may receive or pay.

Paternity

With paternity, comes rights and obligations. When paternity of a child is established, the father has the right to see the child and become involved in the child's life. Whether or not the father elects to become so involved, the father has an obligation to support the child, pursuant to the laws of the State of New York.

When there is an issue of paternity, important questions must be answered, to protect the rights and interests of all concerned.

Contact Child Support Attorneys at The Mandel Law Firm

Child support issues can lead to bitter, angry resentment on the part of both parties. At The Mandel Law Firm, we truly "counsel" people through this difficult time. Unfortunately, people get angry and may use a custody or support situation, or family law dispute to try to hurt the other person. Oftentimes, however, they only end up hurting themselves. That is why the lawyers at The Mandel Law Firm help clients resolve their conflicts intellectually, rather than purely emotionally.

As your attorneys, we will look out for your interests and aggressively defend your rights. Before you make that angry call to your ex, contact our office in order to learn what the law says what your options are and how we can help you assert your rights.