CHILD SUPPORT

There are several instances where child support may be at issue:

New York Attorney Ella Kohn

Initial determination of child support, either by way of an application for divorce or just for child support;

Enforcement of a child support order when there are child support arrears due;

Modification of a child support order, either increasing or decreasing the amount due.

If the parties were married when the child was born, the child support action can be brought even if the parties are still married. The right to support goes back to the date of the application for support.

If the parties were not married when the child was born, to file for child support the parties would need to have executed an acknowledgment of paternity and have a copy for the court. If an acknowledgement of paternity was not executed, to get an order of support the father must admit paternity or an action for an order of filliation (paternity) must first be won, and then child support will be determined. The child support obligation is goes back to the date of the application for the order of filliation.

In New York State, child support is determined by application of a statute known as the Child Support Standards Act (CSSA). Child support in New York continues until age twenty one (unless sooner emancipated). The CSSA calculates the child support utilizing a mathematical formula that multiplies the adjusted parental income against a child support percentage (the child support percentage depends on the number of un-emancipated children), and allocates the child support payable by the non-custodial parent in the same percentage as the non-custodial parent's share of the total parental income (commonly referred to as the pro rata share).

Adjusted gross income is determined by deducting from gross income FICA tax paid, city tax paid, any child support payable by court order, maintenance payable, and other allowable deductions.

The child support percentages are as follows:

One Child 17% of the combined parental income
Two Children 25% of the combined parental income
Three Children 29% of the combined parental income
Four Children 31% of the combined parental income
Five or more Children No less than 35% of the combined parental income

There are additions to child support for health insurance, un-reimbursed health care expenses, child care expenses and educational expenses, which is allocated with each party paying a pro rata share of the same.

Parties can agree to "opt out" of the child support standards act, and set an amount for child support that is more or less than the amount required under the CSSA, but the requirements for such an "opt out" agreement are very strict, and there is an ability for the court to modify such an agreement under specific circumstances.

Child Support enforcement proceedings can be brought for straight enforcement, or for contempt where the relief sought is not only the arrears but the incarceration of the non-custodial parent. Many times seeking incarceration helps to have the defaulting party come up with the arrears due and bring the child support account current.

Child Support modification proceedings can be brought if one of the parties has had a change in circumstances necessitating the upward or downward modification of the child support obligation. If the initial child support order was entered into by agreement, the standard to modify the child support order is much stricter and the application must be properly plead and proven.

If you are interested in making an application for a child support order, or an application to enforce or modify an existing child support order, or if you have received a summons to appear in court, you should immediately consult with an experienced divorce lawyer to ascertain your obligations and protect your rights.

Ella A. Kohn, Esq. handles matrimonial and family law actions across New York including in Westchester and Putnam counties as well as New York City and Long Island and is available to assist you in protecting your rights.

Contact Ella A. Kohn about your legal matter today!

Call (914) 358-5500 to arrange for a free consultation.

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Ella A. Kohn
Attorney At Law
235 Main Street, 3rd Floor
White Plains, NY 10601
(914) 358-5500

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