Experienced Support from the Law Office of Frank J. Salvi, PLLC
At the Law Office of Frank J. Salvi, PLLC, we know that one of the only things you and your former spouse may agree on is the importance of your children's wellbeing. However, discussions and battles over child support agreements can cause one or both parties to quickly lose sight of what is most important: the child. Our attorneys are here to help you understand and exercise your rights while fighting for the best interest of your children.
Many aspects of divorce will affect your children, and child support is certainly one of those things. We have been fighting to protect our clients' rights since 1995, so you can trust that you will be in capable hands when you turn to the Law Office of Frank J. Salvi, PLLC for help with your child support case.
How is child support calculated in New York?
The New York Child Support Standards Act is designed to ensure that child support awards are fair and consistent throughout the state. The statutory guidelines are intended to allow children to maintain the same standard of living they would have had if their parents hadn’t divorced.
The law sets the basic support award at a percentage of parental income, based on the number of children. Under the guidelines, child support should equal:
The result of this calculation is known as the basic child support obligation, which is multiplied by each parents’ respective percentage of the combined income. The non-custodial parent pays his or her share of the basic child support obligation to the custodial parent.
The percentages are applied to almost all combined parental earnings up to $143,000.00. Any disability, worker compensation, unemployment, Social Security or pension benefits you are receiving must be included in the income total. Before applying the percentages to your income, you can deduct Medicare, FICA and municipal tax payments as well as any other child support or alimony you already are paying.
The court will also include in virtually most cases various expenses set forth below which are not calculated under the guidelines but will be included in the child support as an “add-on” expense over and above "basic child support":
Medical Insurance Coverage — One parent may be required to provide health insurance coverage for the child, and to cover all or a prorated share of the cost of said plan and any deductibles and co-payments. Daycare expenses — Parents may be required to pay a prorated share of daycare expenses if the custodial parent is working or in school. School expenses — Parents may be required to pay a prorated share of educational expenses for the child.
What are the customary grounds for modification of child support?
Substantial changes in the circumstances of the child or either parent can justify a modification. Some of the customary grounds for requesting a child support modification include:
The Law Offices of Frank J. Salvi, PLLC can evaluate whether your change in circumstances is likely to justify a child support modification.
When it comes to your family, we handle your case with care. Our firm's mission includes superior client service by:
- Listening closely
- Maintaining respect
- Openly communicating
- Making wise choices for your case
- Working efficiently and effectively
To schedule a consultation, call 914-682-1993 or contact us online.
