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Divorce brings a myriad of changes and you may be facing a significant change in your lifestyle or circumstances as a result. One of the most pressing concerns you may be wondering about is ensuring your child is able to continue to receive the financial support they need. You may be unsure of whether you’ll be required to pay child support or if your child’s other parent will be responsible for those payments.
Whether you need to determine child support or spousal support, we can be your trusted guide to ensure you have the resources needed to provide for yourself and your family.
At Duke Law Firm, P.C., A Family Law Firm, we work closely with every client so they feel confident, informed, and prepared throughout their divorce. We’re pleased to serve individuals throughout Livingston, Monroe, Steuben, Wyoming, Ontario, Wayne, Genesee, Allegany, and Orleans counties.
We’re committed to your future and passionate about helping you reach your goals. Contact our Lakeville or Rochester offices today to arrange an initial consultation with a New York child support lawyer and learn more about how we can help you.
Raising children can be expensive and going from a two-income household to a single-income household may be stressful.
In New York, the amount of child support is based on a specific set of criteria which translates into a specific percentage of the noncustodial parent’s income.
Under the Child Support Standards Act, the court considers parental income, the number of children who require support, and which parent has primary physical custody. Most cases involve the noncustodial parent paying support to the custodial parent to help cover their children’s day-to-day needs.
The court may also factor certain add-on expenses into its child support calculations, such as health insurance, unreimbursed medical costs, childcare, and educational expenses. These costs can have a major impact on the final amount each parent is expected to contribute to a child’s care.
This formula provides a starting point, but it’s important to note that every family’s financial situation is different. Income, parenting time, employment status, and the child’s individual needs may all affect the final order. A Lakeville or Rochester child support attorney can help you understand how the law may apply to your specific circumstances.
Yes, child support may be waived, so long as the waiver is in writing and approved by the court.
The waiver must include certain statutory language, including setting forth what amount of child support was required to be paid by law is being waived, why the waiver is being approved by the court, and be signed by the court and both parties (the one obligated to pay support and the one waiving support).
This is true even if both parties may have no obligation to pay support, such as in the rare situation when both parents earn exactly the same income and have equal time with their children.
At Duke Law Firm, P.C., A Family Law Firm, a child support attorney can help assess your financial situation to ensure the amount set by the court is fair. We can also make sure all contributing factors to your finances are taken into consideration and advocate for your interests to ensure your resources are distributed fairly.
If you’ve had a significant change in circumstances and need your child support or spousal support order changed, we can help you petition the court or file a motion to modify your order or judgment.
For example, you may need to request a modification of your child support order when either parent’s income changes, your child’s needs increase, or the current order no longer reflects the family’s financial reality. You may also seek a review if the required three years have passed since the existing order was entered or if either parent has experienced a legally recognized change in their income.
Although the three-year rule doesn’t require you to prove a substantial change in either parent’s circumstances, you still have to support any modification request with clear financial information, such as pay stubs, tax returns, childcare costs, medical expenses, or proof of job loss.
Courts don’t change support orders simply because one parent is unhappy with the amount they’re paying or receiving. The parent requesting the change has an obligation to show why the court should adjust the current order.
A Rochester and Lakeville child support lawyer from Duke Law Firm, P.C., can help you prepare the required paperwork, organize your supporting documents, and present your position to the court in a clear and focused way. We are a vocal and persistent advocate for every client we work with, and we can assist you throughout the complex process of getting your payments adjusted to best meet your needs and current situation.
If you need to change your current child support amount, an attorney can help you prove to a judge why you need to decrease or increase your child support order or judgment by filing a modification request. While everyone has the right to request a review due to the passing of three years since the entry of the order or due to a change of income of 15% or more, there may be other causes for changing your child support.
New York law typically requires Lakeville and Rochester parents to pay child support until the child turns 21. However, parents may no longer have that obligation if the child becomes legally emancipated, gets married, joins the military, or achieves financial independence at an earlier age.
In other circumstances, a parent’s support obligations may extend past the child’s 21st birthday. This typically happens if the child has significant medical expenses or if they’re still pursuing an education.
Because every family’s situation is different, it’s important to understand the timeline in your child’s case to ensure you’re making appropriate preparations to maintain the support you owe or, if you’re the receiving parent, to no longer have access to that support. A Rochester and Lakeville divorce lawyer from Duke Law Firm, P.C., can help you understand when child support may end and what steps you may need to take before payments can be changed or stopped.
Whatever your situation is, you shouldn’t be afraid of what life will look like after divorce. Our child support attorney team can help you confidently chart a course toward a bright and successful future that you can look forward to.
Call Duke Law Firm, P.C. today at (585) 515-3282 to discuss how separation may affect your finances. You can also send a message online with your questions and concerns. The experienced child support lawyers at our offices in Lakeville and Rochester support individuals in communities throughout Livingston, Monroe, Steuben, Wyoming, Ontario, Wayne, Genesee, Allegany, and Orleans counties.
Call Duke Law Firm, P.C. today at 585-346-3220 to discuss how separation may affect your finances. You can also send a message online with your questions and concerns.