Bronx Child Support Lawyer
Helping Clients Determine Child Support in the State of New York
Settling important matters of child custody can be a problematic issue in a divorce case. A directly related question to custody is how children's raising will be paid for. How the question of child support is settled will be crucial to both the kids' well-being and the parents' financial stability.
Our family law firm has a real family atmosphere. With a tight-knit staff and a thorough understanding of the law, customer satisfaction and positive outcomes are the top priorities. Jayson Lutzky is a Bronx child support lawyer with thousands of cases in an award-winning career dating back to 1985. He leads a talented team with an associate attorney, three dedicated paralegals, and beneficial partnerships with other lawyers if your case goes to trial. Trust our passionate, educated, and fully bilingual staff to care for you.
Child Support Expenses in New York
New York puts the expenses associated with raising children into two different buckets. The first one is called basic needs. As the name suggests, this refers to the bread-and-butter basics of living—food, clothing, and a roof over one’s head. Then the state considers the add-ons. This name isn’t quite as perfect, because some things—like medical care—that might be considered basic, are still put into the adds-on bucket. Childcare, if the custodial parent is working, is another important expense that the state considers an add-on.
How is Child Support Determined in New ?
The sum total of the basic needs and add-ons is what the state of New York will consider the cost of raising the child. Then, courts will look at the income each parent is earning and combine with the number of children that are being supported to come up with a basic figure. If there is one child to be raised, 17 percent of the combined income must go to child support. Two children increases that to 25 percent. There are gradual incremental increases in the percentage until it tops out at 35 percent for 5+ children.
It's common for parents to earn different levels of income, especially if one of them had primary responsibility for raising the children during the marriage. Therefore, how that total cost of raising children must be divided appropriately between the parents. The way this is done is to simply figure out what proportion of the combined income each spouse earns, and then assign them the same proportion of the child-rearing costs.
All of this establishes a benchmark for child support, but every couple’s situation is different, and judges do have discretion. That can make the work of an attorney important in documenting and advocating for any changes to the formula.
When Does Child Support End in New York?
In New York, the court typically determines the duration of child support payments on a case-by-case basis. Generally, most orders stipulate that payments must continue until the child turns 21. However, an exception to this rule can be made if the child is attending college or any other form of higher education. In these cases, some courts may extend payments until graduation or beyond. Some courts may also require parents to provide medical and dental coverage for their children until they turn 21.
Enforcing Child Support Orders
Ensuring that child support payments are made in a timely manner is crucial for the well-being of your child and the financial stability of your family. At Jayson Lutzky Law Firm, we understand the challenges that can arise when one parent fails to fulfill their child support obligations. Our experienced Bronx child support lawyers can assist you in enforcing child support orders to ensure that your child receives the financial support they deserve.
Methods of enforcing child support orders include:
- Income withholding: By obtaining an income withholding order, we can work with your employer to deduct child support payments directly from the noncustodial parent's paycheck.
- Contempt of court: If the noncustodial parent consistently fails to make child support payments, we can file a motion for contempt of court, which may result in fines, wage garnishment, or even jail time.
- License suspension: In cases of extreme noncompliance, we can petition the court to suspend the noncustodial parent's driver's license, professional license, or recreational licenses until child support payments are made.
- Property liens: If the noncustodial parent owns property, we can seek a lien against their real estate, vehicles, or other valuable assets to secure the payment of child support.
- Bank levies: In cases where the noncustodial parent refuses to pay child support, we can work with the court to freeze their bank accounts and seize funds to satisfy the outstanding child support debt.
By working with our experienced child support lawyers, you can ensure that your child's financial needs are met and that you have the necessary legal support to enforce child support orders. Contact Jayson Lutzky Law Firm today to schedule a consultation.
The experienced Attorney Jayson Lutzky has accumulated since 1985 can be invaluable to his clients. Attorney Lutzky understands how different every family situation is and when the guidelines by the state might need to be corrected. He works hand-in-hand with his dedicated staff to document a client’s case and then gives the client the strong advocacy they, and their children, deserve.
Contact Jayson Lutzky today to schedule a FREE strategy session with our child support lawyer in the Bronx!
"He was knowledgeable, patient and confident."- Nelson Q.
"Jayson is a different type of lawyer who has a good heart!"- Patrick G.
"A fighter and great defender at a reasonable price."- Juan R
"Very good experience thank you for your help."- Lawrence L.
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