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Child Support: Are You Paying Too Much?

father's rights lawyerIn the State of New York, the non-residential custodial parent must pay child support to the residential custodial parent. There are specific requirements in New York concerning how much child support the non-residential custodial parent must pay. Generally speaking, the non-residential custodial parent must pay the residential custodial parent 17% of gross wages, less FICA, for one child, 25% for two children, 29% for three children, 31% for four children and 35% for five children or more.

The parent paying the child support is entitled to deductions for the amount he is paying in spousal maintenance (alimony) or child support for another child. In addition to paying these prescribed child support amounts pursuant to the Child Support Standards Act (a federal law enacted in all 50 states), the parent must additionally make contributions towards child care expenses and health care expenses.

Change in Financial Circumstances

Your child support expenses do not change if you lose your job, get downsized, become too ill to work, or retire before the child reaches the age of majority. To reduce your child support expenses, you either have to enter into an agreement with the other parent and have that agreement So Ordered by a judge or you have to bring a petition in either the Family Court or the Supreme Court (if you were divorced or a matrimonial action is pending) to reduce your child support obligations. The court can only award a reduction of child support starting on the date you brought your initial petition to the court. The child support reductions will not be retroactive to the time that you had the change in your financial circumstances which caused you to bring the application to court to reduce your child support expenses.

Child Support and Father’s Rights

Many fathers who have dealt with the Family Courts in the State of New York have come to the conclusion when the mother seeks custody of the children, the Courts tend to favor the mothers. Fathers need to be very aggressive when bringing an application to reduce child support payments. The best manner for a father to handle these matters is to hire an experienced dedicated father’s rights lawyer to represent him in these proceedings. There are a variety of technical aspects to downward modifications of child support a father must satisfy to convince a judge to reduce his child support obligations.

Father Loses His Job

Just because a father loses his job does not automatically entitle him to a downward modification of child support. The father must prove in court the loss of the job was not because he had done something wrong and also show the court through documentary evidence he has used due diligence to obtain other employment.

Is There Fairness in Child Support Orders?

I have been practicing law for more than 35 years. There are numerous times each month where I am presented with a case where the standard rules concerning child support may be unfair to a father paying child support. Since each case has its own unique circumstances, my office provides a roadmap as to what is necessary for the client to be successful in a proceeding for the downward modification of child support. We help gather the evidence and prepare the client for the necessary court appearances. If the case is properly prepared and properly presented a court will usually grant the downward modification of child support.child support attorneys

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.