Brooklyn Family Law Lawyer Rob Gershon Can Help to Secure Child Support
Negotiating Child Support as Part of a Family Court or Divorce in Brooklyn
Your relationship may be ending or has already ended but you may have one or more children together. Typically, it is harder on both parents afterwards because there’s less money to go around. Retaining Rob Gershon as your attorney to make sure that you get a fair and equitable amount of child support is an important step toward making sure you have the financial resources you need to provide for your children. On the other hand, if you’re the parent who may have to pay child support, we can see to it that the child support you pay will not ruin you financially. For example, you may be able to deductions from your income before a final child support determination is made by the Courts.
What is Child Support Exactly?
Child support is the amount of money the non-custodial parent must pay the other. The purpose of child support is to pay for expenses related to the child or children. Child support laws and calculations are complex.
As part of a divorce matter, the child support will typically be determined by a Supreme Court Judge. However, you can file for child support in Family Court without filing for divorce. In the event that the parents are not married, then the case must be filed in the Family Court. Once a petition is filed and served upon the other party, a court date will be set. At the initial court appearance, a temporary order of support may be set.
Use a Brooklyn Family Law Attorney to Represent Your Interests
The only way to have legal representation for a child support case in either Court is to hire your own attorney. The only exception to this rule is a parent who is charged with a violation for failure to pay a prior child support order when facing jail time for a willful violation.
Child support attorney Robert S. Gershon has been successfully handling child support cases for over twenty years. He knows the ins and outs of the Courts and how these determinations are made. You need a Brooklyn family law lawyer experienced at negotiating child support issues in New York.
With compassion and dedication, he delivers results for his clients in New York who are either seeking child support or looking to make sure that they only pay a fair amount.
Understanding Child Support Under New York Law
In its most basic terms, child support is a dollar amount that one parent pays to the other to help support their child. If there’s literally an equal split of time, the parent who makes more money usually pays support to the other parent. In cases where one parent has the child more than fifty percent of the time, they will typically receive child support. In all cases, parents can come to an agreement on child support payments, as long as the amount to be paid does not deviate that much from the child support guidelines under New York law.
Every case is different, of course. When parents can’t agree on the amount, a judge will have to follow particular New York State guidelines to determine how much child support gets paid and by whom. The guidelines require consideration of income and the number of children among many other factors. The Child Support Standards Act governs these decisions but gives judges flexibility to adjust amounts as may be fair and equitable.
How is Child Support Calculated Under New York Law?
Generally, child support in New York is calculated as follows:
- 1 Child = 17% of income
- 2 Children = 25% of income
- 3 Children = 29% of income
- 4 Children = 31% of income
- 5 Children = at least 35% of income
In some circumstances a non-income earning parent may be ordered to pay child support to the other where the court makes a determination that they are capable of earning a certain amount f money. This is known as imputed income under New York law.
The court can also order a parent to pay child support for a child with whom they have no contact.
Clients Ask Brooklyn Family Court Lawyer Rob Gershon “How can child support payments be used?”
Child support payments are supposed to be used to ensure that your child’s emotional and physical needs are being met. Child support can be used for many things and may include:
- Clothes
- Shoes
- Food
- Items needed for school such as supplies or a computer
- Certain household bills
- House payments
- Medical bills
- Insurance
- Transportation
This is not an exhaustive list. Child support gives the custodial parent the financial resources to provide food, shelter, and safety to the child. The basic premise is that child support is intended to support the needs of the child.
It should be noted however that the parent who receives child support does not have to provide the other parent with documentation as to how the support is spent, except for certain expenses that they are seeking reimbursement. An example of that would be unreimbursed medical expenses.
Speak with Our Brooklyn Child Support Lawyer
Robert Gershon, Esq., an experienced and trusted child support lawyer in Brooklyn, knows exactly what is required to establish fair child support for your child.
As an experienced Brooklyn child support attorney, he knows how to discover and provide evidence of the other parent’s income and the needs of your child. We can also go to court to ask for child support modifications if your child’s needs or the payor’s circumstances have changed.
If more than three years have passed since a final order of support has been issued by the Supreme or Family Court you are also entitled to file for a modification.
Mr. Gershon can also represent you in court if your former spouse is paying late, too little or not at all.
When a Parent Does Not Pay Child Support, Contact Our Brooklyn Family Law Attorney Rob Gershon
Having a lawyer like Robert S. Gershon, Esq. on your side is important when you are trying to enforce a child support order on a non-compliant parent. When this happens, we file a petition in Family Court here in New York, serve the other party with the papers. He would appear on your behalf at a hearing where the judge will hear the evidence and may impose sanctions until payment is made.
The judge may order that the delinquent parent’s wages be garnished, a license suspended or even that the party be placed on probation or jailed. If you are not receiving child support, we can help you get it.
For parents who are charged with violating the terms of a child support order, we have been successful in defending these cases. The standard is whether the violation was willful or not. Consult with Brooklyn family law attorney Rob Gershon to discuss your case.
Contact Us to Discuss Your Child Support Issues
The issue of child support is complex, emotional, and stressful when you have a non-compliant parent. Diligent enforcement of any court order agreement is crucial. Having proper representation to ensure your child receives the amount necessary for his or her physical and emotional well-being is extremely important.
Make sure you are protecting the legal rights of your family by speaking with experienced family law/child support lawyer Robert Gershon. Call the us today to set up an initial consultation. Let us help you through this difficult time and work toward securing and enforcing your order for child support.
Call the New York family law office of Robert S. Gershon, P.C., Attorney at Law, at (718) 625-3977 or email robgershon@gmail.com.
