Child Support Attorney Attorneys in White Plains, New York
In New York State, parents who are divorcing or separating are usually mandated to establish quality child support arrangements for their children. Essentially, the amount paid as child support will be used to cover the child's day-to-day living expenses, basic needs, and other expenses required to raise the child. If you need proper guidance to establish or change a child support arrangement, you should speak with an experienced New York State family law attorney immediately.
At Rutkin & Wolf PLLC, our attorneys have devoted their careers to providing reliable advocacy and knowledgeable guidance to clients in divorce and child support-related matters. As your legal counsel, we can work to understand your unique situation and determine the child support amounts you're required to pay. In addition, our legal team will protect your rights and your family's future, with the goal to ensure that the other parent fulfills their court-ordered child support obligations.
Rutkin & Wolf PLLC proudly serves clients across White Plains, New York, and the surrounding areas, including the Bronx, New Rochelle, and Lower Westchester County.
Understanding Child Support in New York
Under New York State law, every parent is required to support their child financially until the child becomes emancipated or turns 21 years. Child support can be described as court-ordered financial provision or payments usually made by a noncustodial parent to help support the cost associated with raising their minor child or children.
The primary purpose of child support payments is to cater to the child's daily living expenses and needs, such as expenses for school tuition, medical care, health insurance, camp, sports, and other extracurricular activities for the child. In a contested case, the court will consider various factors to determine the appropriate amount of child support.
Factors Considered in Determining Amount
Additionally, the New York court may consider the following factors to determine the amount of child support:
the financial resources available to each parent and the child
the standard of living the child would have enjoyed if not for the divorce
each parent's non-monetary contributions toward the child's care and well-being
the educational needs of each parent
the emotional and physical health of the child and any special needs
whether one parent's gross income is significantly higher or lesser than that of the other parent
the tax consequences to each spouse
the needs of other children that the noncustodial parent is providing child support for
A seasoned New York State child support attorney can help determine the right amount of child support and share the payments accordingly based on each parent's income.
However, the New York court may "impute income" for a parent who is intentionally underemployed/unemployed or fails to disclose their actual income—in order to pay less or avoid paying child support. The following factors will be considered to decide whether to impute income to a parent:
the past earnings of the parent
the actual earning capacity of the parent
the educational background of the parent
the income of other individuals with similar professional or educational backgrounds
the reason for the reduced income
whether the parent is trying their best to get appropriate employment for their experience and qualifications
In addition, the court will allow such parents to provide reasons for the reduced income at a hearing. In the event that the income reduction was due to circumstances out of the parent's control, such as economic conditions, health issues, or company retrenchment, the income will not be imputed.
Modifying an Existing Arrangement
In New York State, either parent can file a petition to modify an existing child support order. However, the requesting parent must show that there has been a material change in circumstances or their ability to pay child support since the existing arrangement was made.
Some common reasons to seek child support modification include the following:
involuntary loss of employment
getting a higher-paying job
a permanent disability
a substantial change in income
an increase or decrease in the cost of childcare or medical care
change in the visitation schedule
Termination of Child Support
However, child support will terminate in New York state when:
The child turns 21 years old.
The child becomes emancipated—under 21 years and married; joins the military; or becomes self-supporting.
An experienced attorney can evaluate your unique situation and guide you through the legal procedures involved in modifying or terminating child support.
Work With Knowledgeable Child Support Attorneys
Establishing child support arrangement in New York State usually involve a lot of complicated procedures. Calculating the parent's gross income, the required support amount, and allocating payments to each parent can make the entire process stressful and overwhelming. Therefore, if you need to establish or modify a child support order, consulting with a knowledgeable family law attorney is crucial to help you make informed decisions.
At Rutkin & Wolf PLLC, we're dedicated to advising and guiding parents through the complexities of child support agreements. As your legal counsel, we can enlighten you about every detail involved in the child support process, including how to calculate, establish, review, adjust, or terminate a child support decree. Above all, our attorneys will fight compassionately to protect your child support rights and your family's best interest.
Child Support Attorneys in White Plains, New York
If you want to establish or modify a child support agreement, contact us at Rutkin & Wolf PLLC today to schedule a simple consultation. Our legal team can offer you the personalized guidance and brilliant advocacy you need in your child support matters. We proudly serve clients across White Plains, the Bronx, New Rochelle, and Lower Westchester County, New York. Reach out today for a schedule.