Many parents assume that they will receive child support payments following a separation or divorce. This, however, is not always the case. A child support attorney can evaluate your situation to determine if you may be entitled to these payments, or if you should modify a child support order.
Several factors will affect whether a parent will receive child support and the amount of the payments. If you have questions about this or other family law matters, then contact the Elliot Green Law Offices.
As a Queens child support lawyer, Mr. Green can assess your situation and explain the factors that judges consider when delivering a child support order. Our office is available 24 hours a day, and we offer free, 30-minute initial consultations to new clients. Call 718-260-8668 to learn more.
In the meantime, read on for a brief overview of child support laws in New York:
Am I Entitled to Child Support?
The final decision regarding child support will be up to the judge, according to New York Courts. In order to determine whether a parent is eligible for child support and the amount of payments, the judge will consider each parent’s income, the custody arrangements and the child’s needs.
According to WomensLaw.org, whether you share joint custody with the child’s other parent or you are the custodial parent may impact the final order. While there are several online calculators that may help you estimate child support payments, the only way to know for sure is to wait until the judge’s final ruling.
What Factors Affect a Child Support Order?
Several factors will influence the child support order. The most important include:
- The financial situation of each parent;
- The family’s structure;
- The status and age of the children;
- The standard of living for the child before the divorce;
- Each parent’s ability to pay;
- And the needs of the children.
How Do I Modify a Child Support Order?
If you wish to modify a child support order after the court has already established the terms, then you will need to prove that the circumstances have changed significantly. There are several factors that the court may consider to be significant, including the paying parent’s incarceration – unless he or she is in jail for non-payment.
You may also request a modification without a significant change in the circumstances if three years pass since the original order, or if there has been a change in either parent’s gross income by 15 percent or more. The reduction in income will only be a factor if it was involuntary and the parent has made attempts to find a better-paying job.
If you have questions about child custody, child support, maintenance, asset division or other aspects of family law in New York, then contact the Elliot Green Law Offices. Mr. Green can explain how the laws relate to your case. He can also help you avoid mistakes that could compromise your financial or personal interests.
Call us today at 718-260-8668 to schedule a consultation. You can also visit http://divorce.usattorneys.com/new-york/ to learn more about divorce laws in New York.
