Dutchess County Child Support Lawyer
How is Child Modification Determined in New York?
In the State of New York Child Support is determined by - the combined income of both parents involved, multiplied by a percentage share determined by the state, the number of children, and the income percentage each parent contributes to that total.
Typically New York's percentage policy for children is:
- One Child - 17%
- Two Children - 25%
- Three Children - 29%
- Four Children - 31%
- Five or More Children - 35%
So for example:
- One Child - Parent #1's gross annual income is $20k & Parent #2's gross annual income is $30k, the combined income of both parents is $50k, multiplied by 17%, for a total of $8.5k in child support is due.
- Parent #2 will then pay 60% of this due to the fact that their $30k contribution to the combined income of both parents makes up 60% of that total $50k - while parent #1 must pay 40% for the same reason.
Click here to review New York's child support calculator.
Downward Modification of Child Support in NY
Either parent may file a child support modification petition if there has been a substantial change of circumstance since the last order was established, or the last order was issued over 3 years ago, or the supporting spouse’s income has changed either upward or downward by 15%.
New York state takes child support very seriously. According to New York State law, both parents are responsible for financially supporting their child until he/she turns 21 years old or is sooner emancipated.
Do you have questions regarding your child support case? Contact our Dutchess County child support attorney online or call us at (845) 305-5595 to schedule a consultation today.
Child Support Enforcement Penalties in NY
In general, the custodial parent receives child support from the non-custodial parent. Child support is ordered during a divorce case, obtained by filing a support petition in Family Court, or arranged by a written agreement between both parties.
Failure to abide by an order to pay child support could result in a variety of consequences:
- Wage or income garnishment
- Seizure of property
- Lien on real estate property & personal property
- Interception of tax refunds
- Suspension of driver’s license
- Suspension of state issued professional trade, businesses & occupational likeness
- Suspension of recreational sporting licenses & permits
- Bad credit report
If you need support establishing or modifying a child support order, contact our office online today or call us at (845) 305-5595. Attorney Lisa E. Hartley serves clients in Dutchess County & Surrounding Counties.
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