Child support, child custody, and visitation are issues addressed during a divorce when there are children of the marriage. However, when children are born out of wedlock, then these issues are handled in Family Court.
Child support is a mandated payment which the non-custodial parent must pay to the custodial parent. Child support guidelines are set out in the Child Support Standards Act. In New York State, child support payments are based on the combined adjusted gross income (adjusted only for FICA) of the child’s parents. Each parent is required to submit a Statement of Net Worth. A Statement of Net Worth details an individual’s financial information, including income, expenses, assets, property, and debts. Either by agreement of the parties, or by order of a court, each parent’s income is added together and then multiplied by a percentage based on the number of children the parents have together.
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: no less than 35%
There are certain circumstances where the court can deviate from the strict application of the percentages.
Preparing a Statement of Net Worth and calculating child support can be tedious and complex. Securing an experienced child support attorney can help alleviate the complexities of the process. The attorneys at the Law Office of Robert H. Montefusco, P.C. understand the child support guidelines, and how the process of paying and receiving child support works in New York. Contact the Law Office of Robert H. Montefusco, P.C. for more information.
CHILD CUSTODY AND VISITATION MODIFICATION
Should certain circumstances change once a child custody or visitation order is finalized, the family law lawyers at the Law Office of Robert H. Montefusco, P.C. are here to assist. When seeking a modification to terms set out in the parties’ divorce agreement which has been incorporated into the Judgment of Divorce, a parent or guardian should be able to prove that the change at issue is “a substantial change in circumstances,” and that the adjustment to the custody order is within the child’s best interest. Often times this scenario is illustrated when a parent or guardian relocates, withholds visitation, creates a dangerous environment for the child or risks the child’s welfare, or a major life event takes place.