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Long Island Child Support
Child support in Long Island is the monetary monthly payment from the non-custodial parent to the custodial parent to help cover a child’s basic daily needs, such as food, shelter, clothing, educational costs, and medical costs. The goal of child support is to ensure that a child is provided for on a daily basis, and that he/she receives the basic necessities to be healthy, happy, and secure. Child Support is the only way the law can ensure that divorced or separated parents will provide for their child to the best of their ability. Child support payments typically last until the child reaches the age of 21.
The parent awarded sole custody of the child is entitled to receive child support payments from the non-custodial parent. It is implied that the custodial parent fulfills his/her parental obligations through full-time custody. When parents have joint custody, child support is shared and based upon the ratio of each parent’s income.
The Child Support Standards Act
Child support is determined and awarded by the court, and is based on each parent’s financial ability to contribute the child’s expenses. In New York State, the Child Support Standards Act (CSSA) calculates the total gross income of both parents after adjustments (i.e. taxes, Social Security, Medicare, other support orders, etc.) and then multiplies that figure by the percentages set forth by legal guidelines, which depend and fluctuate on the number of children in need of support. These percentages are: 17% of parental combined income for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children.
Depending on a parent’s income, he/she may be required to make a higher payment than these percentages. Further adjustments can be required based on certain factors like each parent’s financial resources, any major differences in income between the two parents, and other expenses a parent may have including travel expenses, and if he/she is paying child support for another child. Furthermore, the amount of child support the non-custodial parent must pay can be re-evaluated and increased or decreased if the child’s daily expenses increase or decrease. The courts can also deviate from the CSSA formula in certain circumstances.
Furthermore, there are certain circumstances in which the amount a parent is paying in child support can change. If the parent paying child support gets laid off, or becomes injured or sick, he/she may be entitled to a lower child support payment or none at all, with the approval of a court. Likewise a parent can request an increase in child support if he/she can prove to the court that more money is necessary for the child’s well-being.
Methods of Child Support Payment
Child Support payments are usually made directly to the custodial parent by check or through the mail. Sometimes, a court may direct child support payments to go through the local county Child Support Collection Unit (SCU), rather than directly to the other parent. The SCU keeps an account of all payments made by a parent, and then forwards them to the recipient. A parent can also have child support directly deducted from his/her paycheck and then have that money sent to his/her former spouse.
When a parent knowingly does not pay child support, he/she is subject to legal ramifications including a legal inquiry or even imprisonment until all payments have been made and are up-to-date.
When does child support end?
In New York State, child support is generally made until the child reaches the age of 21. However, if a child enters the military, gets married, or becomes employed full-time, child support can be terminated before the age of 21. When a child continues to enroll in college full-time, child support may be extended until the age of 22. The most important thing to remember is regardless of when child support stops, it should never be looked at as a punishment. Parents of children should realize that making sure their child is financially secure is the most important thing.
If you are in need of a child support attorney in Long Island, it is important to seek legal representation separate from your spouse. Hiring your own attorney will ensure your needs and legal rights will be protected and fought for.
The skilled attorneys at the Law Offices of Palermo, Palermo & Tuohy can provide you will expert legal advice, up-to-date information and resources on New York State laws, and ensure the rights and best interest of you and your child are protected. The attorneys at the Law Office of Palermo, Palermo & Tuohy, work relentlessly on behalf of their clients’ best interest. The Law Office of Palermo, Palermo & Tuohy is passionate about providing expert legal service, aggressive representation, and bringing justice to all of their clients. The attorneys at the Law Office of Palermo, Palermo & Tuohy pour all their efforts into securing and comforting their clients’ needs during these hard and emotionally exhausting times. |
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