Articles Posted in Child Support

|

For child support cases proceeding in a New York Family Court, the court, pursuant to statute, should make a temporary child support order, while the case is ongoing, of an amount that is enough to meet the needs of the child.  According to the law, this should be done regardless of whether immediacy or an urgent need is shown.  The law provides that even if the financial disclosure, which is required to be provided ultimately in the case, has not been yet provided, that the court should still enter the order.  If the information that would be on the financial disclosure is already provided at the time the temporary order would be entered, such as income and assets of the respondent or the parent that should be paying child support, then the court should make the temporary child support order in accordance with the child support standards act formula.  If the information is not yet available, then the child support amount to be paid should be based on the child(ren)’s needs.

Ultimately, when the child support order is finalized, the court needs to make the final order according to the child support standards act formula, unless an acceptable agreement is made for a different amount between the parties.  The payor would then be given credit for any payments made under the temporary child support order that was in existence prior to the finalization of the case.  At times, the temporary order might have been in an amount more than the final order.  If that were the case, then the payor parent might have a credit against future support payments.  The court is to make the amount of child support due under the final order retroactive to the filing date of the petition for child support.  In cases where public assistance was involved, the order can go retroactive to the date that public assistance started.  Often times there are arrears for child support due at the time the final order was made.  The arrears may be because of the retroactive date that child support is due from or as a result of the possibility that the temporary child support order was lower than the final order.  Both reasons might be applicable.  Arrears, as well as the ongoing support payments, will need to be paid to the residential custodial parent as the child support order continues. Continue reading ›

|

It’s important to recognize that step-parents are a common and familiar part of everyday life, and just like their partners, everyone may want to know their legal rights and responsibilities regarding their step-children. Over time, many step-parents who spend time with their step-children develop a strong attachment and commitment to those youngsters – taking responsibility for them on a moral and financial level. However, somewhat crucially, a step-parent doesn’t automatically receive standing in New York to ask a court for custody or parenting time rights if a mother and father are already legally established. Step-parents do not instantly receive the “parental authority”, including the rights, powers, duties, and responsibility of a biological mother or father, simply because they marry the child’s mother or father. Step parents do not gain parenting time and visitation rights except if they are legally appointed guardian, adopt or if there is a paternity finding for the step-parent.

Step-parents may be required to pay for child support, while married to the other parent of the child (ren) if the children involved are in danger of becoming “public charges”. Frequently, this information can act as an incentive to prompt parties into getting a divorced finalized, if other compelling reasons haven’t presented themselves. If the children are not in danger of becoming public charges, usually step-parents are not in danger of becoming obligated for child support of their spouse’s children, that is, unless they become a parent by the legal doctrine called equitable estoppel. Continue reading ›

|

The New Significant Other and Child Support

Last week’s blog article was about child custody and the new boyfriend, girlfriend, husband or wife. Like with child custody, I frequently get inquiries and new cases about child support when there are new significant others. As always, people should keep in mind that there are different processes available to deal with child support, like other family law issues, such as mediation, litigation, negotiation, and collaborative law. Why is it that a new relationship might cause child support issues? Like with child custody, the reasons this happens with child support can vary and be complex ranging from emotional issues, such as jealousy, to what is actually supposed to be the focus of child support cases, financial matters.

From a legal standpoint, I think one of the more important reasons is that the gross income of the parent that has to pay child support (the non-residential custodial parent) is reduced before the guideline child support calculation is made, by support orders that are first in time or support that is actually being paid pursuant to a written agreement. The first in time support order could be for child support or alimony also known as maintenance. So, the need to address child support, when there is a new relationship, may simply boil down to a race to try to maximize finances. Continue reading ›

|

This blog article will discuss some, but certainly not all, of the features and reasons for or against having payments going through the New York Support Collection Unit. Any recipient of child support has the right to ask that the court order provide that the payments be made through the Support Collection Unit. Payments could initially be made by the payor sending payments to the Support Collection Unit in Albany, New York. As long as the payments are sent on a timely basis, in that case an income deduction order or income execution order might be avoided. One disadvantage to the custodial parent or payee of child support for payments going through the Support Collection Unit is that it takes longer for the payments to be received by that parent. The payments need to go through Albany, get processed, and then distributed.

The Support Collection Unit, however, will keep a clear record of payments received. In the event of a “violation” case, in court, a representative from the Support Collection Unit can be summoned to the court room to provide a statement and report of payments received and balances due, if any. A lot of non-custodial parents like this idea as well since it eliminates debate about what was paid or not. Something for everyone to keep in mind when payments are ordered through the Support Collection Unit is that payments made in some other fashion might not get credited as child support. For example, if someone gives a direct payment of cash there is a danger that the recipient would not acknowledge it or that it would be called a “gift” instead of child support. Usually the question is asked to the custodial parent whether there have been any direct child support payments, even though the payments should have been through the support collection unit, but paying in some other way can be dangerous territory. Continue reading ›

|

In a previous blog post, we touched upon issues of discretion of judges and other triers of fact (referees, judicial hearing officer and support magistrates), and the ways in which parties in a legal proceeding, and their attorneys may have the ability to shape the decision of a judge or court. In matters of family law, there are a number of discretionary points to consider that may help to change or manipulate the decision a judge makes at the end of a case or hearing. These matters can range from imputation of income, to the determination of what should be considered “equitable” distribution in the dissolution of a marriage.

Imputation of Income

In child support and spousal support cases, for example, the court may conclude that an individual involved within a particular case has attempted to diminish their assets or income in an attempt to avoid a child support or spousal support obligation. If such circumstances are found to be true, then a court may choose to “impute” income or calculate someone’s income based on their previous resources or income, lifestyle or based on expenses paid on their behalf by other people. For example, this may happen if the court believes that the individual in question chose to voluntarily leave their previous jobs, were fired for cause, or personally chose not to work either full time, or at all. In combination to previous earnings, a court may consider the education and ability to learn of the party involved. Whether that party has chosen to diligently apply for employment in a manner that is commensurate with their experience, abilities and background could become an important factor when determining income. A judge or support magistrate may consider what people with similar backgrounds and educations are capable of earning when imputing income. Continue reading ›

|

 

When dealing with issues of family law, there are often many considerations to take into account, from the goals that you are hoping to achieve, to the appropriate steps you must take, the way you should present your case in court, and the factors that could diminish your chances of a successful outcome. Sometimes, it can feel as though you are completely at the mercy of the judge presiding over your case when you are in court, as this is the person with the discretion to decide what the results of your legal proceeding will be. However, it’s important to remember that with the right legal guidance, it is possible for parties and their lawyers to influence and shape the result that the judge decides upon. The following information refers to when people need the court to decide the case or want to be guided by the default law. Remember, that many different things can be agreed upon whether in litigation, mediation, a collaborative case or settlement negotiation.

Child support, despite having a formula contained in the New York Child Support Standards Act, still is chock full of a lot of discretionary matters. Calculating the appropriate amount of child support for any given case can be something of a complex matter and certain nuances will apply to particular circumstances. For example, if there is a combined income between the two parents that is in excess of $141,000, there could be discretion on the amount of child support – if any – that should be ordered for the income that exceeds the first $141,000.00. Similarly, the determination of what amount of income to utilize within the formula is also a significant source of debate, as there is discretion about whether certain employment perks should be included in the income or not. Income can also be determined based on the previous employment of an individual, or the expenses paid by other people on that party’s behalf (this is called imputation of income). Once the amount of income has been decided, the combined income will help to determine a rate of child support by multiplying the amount by either 17% for one child, 25% for two children, 29% for three children, 31% for four children, or 35% for more than five children. Then the non-residential custodial parent would be responsible, as a basic amount of child support, to pay their pro-rata share of the combined child support obligation. Currently, the presumption is that the percentages of this formula create the correct level of child support for the first $141,000 of the combined parental income. That threshold number increases from year to year. Continue reading ›

|

Family Court In New York

If you find yourself in a position where you need to deal with a family law matter, then you may end up presenting your case at the Family Court in your local county. Venue is usually proper in a County in which one of the parties resides. Regardless of the circumstances, presenting your case within a court setting can be incredibly nerve-wracking and worrisome, which is why I often try to put my client’s minds at rest by discussing the nuances of family court with them beforehand.

A Family Court is the court that is convened to decide upon matters and make orders regarding family law, such as when dealing with child custody and visitation (now called parenting time), orders of protection (family offense cases), support matters, juvenile delinquency cases, abuse, neglect, termination of parental rights, PINS (Person in Need of Supervision), and adoptions. A family court in New York can not get people divorced and do not deal with equitable distribution of marital assets and property claims. Continue reading ›

|

What happens in a divorce when someone fails to make financial disclosure or financial disclosure in

divorces?

Parties to a divorce in New York are entitled to complete financial disclosure by the other side. There are a number of ways for a divorce lawyer to obtain this disclosure. Usually one of the first documents exchanged in a divorce is called a Net Worth Statement. In most instances both the Husband and Wife each fill out their own respective Statement of Net Worth. A Net Worth Statement is essentially an affidavit, sworn to before a notary public that is a disclosure by both the Husband and Wife of their respective financial situations.

The Net Worth Statement consists of: the caption of the case; biological or statistical facts such as date of marriage, children names and ages, addresses, occupations, employers, etc.; monthly or weekly expenses like for housing expenses, food, utilities, insurance, car payments, medical payments, taxes to name a few; income from all sources including employment, investments, social security, disability and other areas; assets including cash, checking accounts, securities (notes, bonds, stocks, options), loans and account receivables, cash surrender value of life insurance, business interests, vehicles, real estate, trusts, retirement assets (pensions, IRAS, 401Ks etc.), contingent interests, household furnishings and jewelry among other items; liabilities like accounts payable, notes payable, installment accounts payable, brokers’ margin accounts, mortgages, taxes, loans on life insurance policies and other liabilities; assets transferred in the past three years; support requirements; counsel fee requirements; accountant and appraisal fee requirements, and other financial data that a court or anyone involved with the case might be interested in. Net Worth Statements are sometimes voluntarily exchanged by the parties through their lawyers (I also like to have both the Husband and Wife exchange them in my mediations) before the necessity of court appearances but are required to be produced at the Preliminary Conference. Continue reading ›

|

In a recent case decided by the New York County Supreme Court, Baidoo v. Blood-Dzraku, 2015 N.Y. Misc. Lexis 97 (New York County S.Ct. 2015), service in a divorce case through Facebook was ordered as valid service.  Previously, I have blogged about service problems in divorces and service by newspaper publication and other alternative methods. To recap, most people are familiar with the concept of the in-hand delivery of court papers as it has been frequently depicted in movies and television shows throughout popular culture. Generally, courts prefer this form of delivery, as it is often the most reliable way of ensuring that the individual in question has received the papers as intended. In New York, under the Civil Practice Law and Rules (CPLR) Section 308(1) this service is enumerated, and the process server swears an affidavit that they did deliver the paper by hand. After an action has begun, the CPLR permits 120 days for the service to be made.

Unfortunately, the issue with personal service is that in order for it to be accomplished successfully, the plaintiff must have some method of locating the defendant. Even in circumstances where the location of the defendant is known, there are times when it is logistically difficult for a server to gain the proximity required for a personal delivery. Fortunately, the Domestic Relations Law offers a solution for individuals who face these circumstances, permitting plaintiffs to utilize alternative methods beneath the CPLR that does not require an “in-hand” delivery but only if the court orders alternate service is permissible. Despite this, some people still believe that the alternatives expected in these legal proceedings are not current with the modern practices of the times. Continue reading ›

|

Decisions to be made on Child Support

Whatever the process chosen, be it mediation, litigation, collaborative law, or settlement negotiations certain decisions can be made regarding child support issues for the children. After a divorce, or pursuant to a child support application by the non-residential custodial parent whether married or not, child support is the money that will be paid to the custodial parent, as a method of helping them to pay for reasonable needs, such as food, clothing, shelter, education, health and maintenance. Sometimes, additional support is required to cover extra costs, such as extracurricular expenses, private school tuition, life insurance, college and more. There are numerous important decisions to make when it comes to understanding and arranging child support, and perhaps the first thing that needs to be considered, is how the amount will be determined.

Establishing Child Support Amount

There is a formula used by New York child support lawyers and judges which is set forth in what is called the Child Support Standards Act. The Child Support Standards Act may be found in both the New York Family Court Act and the New York Domestic Relations Law. This formula was designed to provide an insight into the amount a non-custodial parent should be required to pay for child support. The policy behind this statute was to provide standard amounts which people of a similar income should be expected to pay. The decisions that need to be made on child support can range from caps on the income considered, to when it will be paid, how extracurricular activities will be paid for, and how modifications will be made and cost of living adjustments will be dealt with. The first step is to consider each party’s gross income. Continue reading ›

Contact Information
99 Jericho Turnpike #300-G
Jericho, NY 11753
Phone: (516) 333-6555

ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Law Office of Darren M. Shapiro
JUSTIA Law Firm Blog Design