Articles Posted in Child Support

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ParentsJeansKids-300x200All aspects of family law can be complicated.

Divorce, even when it’s decided upon mutually by a couple, is a complex process that involves separating two deeply connected lives. In many cases, divorce doesn’t just affect the spouses involved, but the children that came from the marriage too.

When children are involved in a family law case, the number of issues to be addressed increases significantly. Not only do you need to consider equitable distribution, and spousal maintenance, but you may need to consider child custody and child support too.

This bullet point guide on child support aims to address some of the issues that parties encounter during a divorce and child support case. In this segment, we’ll be looking at what happens when a child support order is violated, and when orders can be modified. Continue reading ›

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Lawyers-Office-300x200Welcome back to this continued series of bullet-point guides on Child Support. If you’ve seen one of these guides before, you’ll know that it’s my way of bringing together useful information, that I have covered in more depth articles over the years, about a topic in family law, in a way that’s easy to absorb. These guides can offer valuable insights to anyone who might be pursuing family law or divorce cases.

In this particular series on child support, we’ve covered several topics so far, addressing things like the reasons to deviate from child support guidelines, and what those guidelines might be. Today, we’re going to look at what issues might arise when a party attempts to add the costs of higher education to child support payments.

I’ll also briefly discuss the topic of arrears with child support payments. Continue reading ›

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Parents-with-Children-300x200Over the recent months, I’ve been working on various guides and bullet-point lists of facts and insights for people interested in learning more about the various complications of divorce litigation, divorce mediation, child custody cases and most recently child support matters. This guide explores the basics of child support, one of the most important payments to be determined when two parents get a divorce, live apart, or separate.

In this section of the bullet point guide, I’ll be looking at the complexities that may arise when a parent required to pay child support is self-employed. We’re also going to look at proof of child support payments and proving income.

Please remember to visit the other articles on this blog and my website if you want any further information on these topics. Continue reading ›

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Parentskidpark-300x200Welcome back to another section of my recent guide about child support in family law and divorce cases. As you may well know, child support is a common concern for many parents, unmarried parents or those moving through a period of separation or divorce. It’s often important for the courts to determine how financial support should be issued to a child and their parent for the continued support of the children.

In this bullet-point guide, we’ve been covering some of the common issues that arise in child support cases. In this particular segment, we’ll be looking at the rights of stepparents when courts are making child support decisions, and the impact that a new boyfriend or girlfriend can have on a case.

If you have any questions about the issues covered here, please remember that you can find additional guidance elsewhere in the articles on my blog and website. Continue reading ›

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ParentsKitchenChild-201x300Thank you for once again joining me for another instalment in this bullet-point guide on child support in family law. I’ve been using this bullet point series to try my best provide parties interested in family law and the decisions that need to be made by the court or people embroiled in these cases, with valuable information.

Here, like in my other guides in these series, you’ll find information organized into bullet points, so you can find quick answers to your questions. In this part of the child support bullets guide, we’ll be talking about what happens when incorrect information is in an income execution and the process of making objections to income executions. We’ll also be looking at the process of child support cases in family court before support magistrates and making written objections to support orders when required. Continue reading ›

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Young-Parents-300x207If you are a regular visitor to my blog, you may have noticed that alongside my regular articles and blog posts, I have also been introducing a series of bullet-point guides. These guides are intended to curate some of the more complicated ideas addressed in my other articles, into something that is a little easier to consume in bite-sized chunks.

The current guide series addresses the various issues and concerns that can arise during cases surrounding child support. In previous parts, we have discussed some of the basics about how courts can make decisions on the amount of child support to give, and what kind of factors may affect these decisions. Today, we are going to look a little more about the deviations from the guidelines that may occur in child support orders.

This part of the guide will also discuss the kind of discretionary control that the courts have in making decisions about child support. Continue reading ›

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Parents-Walk-300x200For some time now, I’ve been using this blog as an opportunity to share valuable information about family law, child custody, and divorce with people who need guidance. With many years of experience working as a child support attorney and divorce lawyer in New York, I’ve answered a lot of questions in my time.

The blogs and articles here and on my website cover some of the complex topics that can arise during a divorce or when parents split in more detail, while these bullet-point guides take a more compact approach. Today, in the third issue of the child support guide, we’ll be looking at family law in New York, the Uniform Interstate guidelines, and the decisions that couples must make about child support.

Child Support Cases in New York

Continue reading ›

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ParentsReading-300x200Throughout the past year, I’ve been publishing a series of guides intended to support anyone who wants to learn more about the common issues that emerge in family law and divorce cases. This particular guide is a continuation of the Child Support series.

For this section of the guide, I will be looking at constructive emancipation, and what it means to child support requirements in a family law case.  There are certainly cases where the emancipation of a child might be deemed appropriate.  This will lead to a termination of child support in those instances. In this blog I will also be discussing the complexity of paternity in family law.

For the paternity part of this guide, we’ll consider what equitable estoppel means, and when DNA might not matter to legal decisions. Continue reading ›

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Kissing-Parents-300x200If you’ve been following this blog for a while now, you’ll know that I have been producing a series of bullet-point guides that cover various common topics associated with divorce, family law, child custody, and similar concerns.

Today, I’m starting a new bullet series that will cover an important aspect of family law: child support. When it comes to living separately from the other parent of your child or getting a divorce from your partner, determining how you are going to continue looking after your child properly is an important consideration. Child support can be a crucial aspect in ensuring that your child can maintain the same quality of life after a divorce is complete.  It is also important to think about how the custodial parent and the non-custodial parent will be able to still take care of themselves/

Today’s child support bullet point guide will introduce the basics of how New York courts determine the right amount of support to give to a parent in a child support case. We will also discuss the concept of temporary orders for child support. Continue reading ›

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Coronavirusmasks-300x200For everyone’s information we are still doing business and trying our best to help people during this crisis. In difficult times such as the COVID-19 pandemic, we all still have issues that we need to face in our personal lives, such as dealing with child support and maintenance awards. The default law around child support modification indicates that either party in a case can file for a modification of child support based on:

  1. A substantial change of circumstances
  2. That income has changed by 15% or more
  3. That three or more years has elapsed since the last support order

These default requirements apply unless the parties agreed that they would opt out of options 2 and 3 in a written agreement. If the parties have changed from the default with a written agreement, the language of that document would highlight in which circumstances a modification can be sought.

Before the coronavirus pandemic, it was clear that you could file a request at any time if you had one of the circumstances that would normally apply to the parties to get a child support modification. If a modification was granted, the law is that it would be retroactive to the filing date in court of the petition of application for child support to be modified. This basically means that if you filed for child support to be changed on December 1 and then the court case was decided on February 1 in your favor, the amount due would be recalculated backwards from December 1 (the filing date) forward. Continue reading ›

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