Nassau County Child Support Attorneys

Child Support Lawyers Representing Your Child’s Best Interests Throughout Long Island, New York

After a divorce, being a primary caregiver is time-consuming and expensive. It is an integral part of many people's care for their children to pay child support. It may be impossible for them to provide everything necessary for their kids if their payments start faltering. It's important to advocate for what you need, especially when it comes to providing for your children.

Children have a right to be supported by their parents until they become emancipated. Our Nassau County child support lawyers at Winter & Grossman, PLLC, can help you navigate the child support process to protect your rights. 

With over 65 years of combined experience, our Nassau County child support attorneys are proud to serve the families and children of Long Island, New York and will be happy to fight for you and your child's best interest. 

To speak with an experienced Nassau County child support lawyer, contact us online or give us a call at (516) 447-8977.

How Does Child Support Work in New York?

How Long Does Child Support Last in New York?

In New York State, generally, parents must support a child until they reach the age of 21.

There are exceptions; for example, when a child under 21 is married or in the military. When parents live apart, one parent will almost certainly be required to pay child support.

The parent having “residential” custody of the child will receive support from the other parent (residential custody is different than “legal” custody). This can be accomplished by agreement or court intervention. We help parents prosecute such claims and defend against them to help ensure that the amounts are appropriate.

How to Determine Child Support in New York

  • To determine child support, the court first determines which parent is the “custodial” parent.

If that has not been determined, or the parties and child(ren) are still living together, custody will need to be addressed before child support. Assuming custody has been resolved, the court will consider any agreement signed by the parties resolving custody and/or child support. Otherwise, the court will follow the New York State Child Support Standards Act (“CSSA”).

  • Before the court proceeds, the parties will be required to exchange financial information.

Our experienced Nassau County family lawyers help our clients gather the proper information to make sure that the court has a complete picture. With effective counsel, parties can often resolve their issues at this stage. If they cannot, the court will engage in fact-finding to determine each party’s income, which includes income from many sources, not simply from employment. After the court determines each party’s income, the court must then make certain deductions.

  • The court then adds the parties’ incomes to compute the combined parental income.

If that income is at or below the statutory cap, the court will apply the appropriate percentage based upon the number of children of the relationship (17% for one child, 25% for two children, 29% for three children, etc.) to the payor’s income to determine the amount of child support.

  • If the parties’ combined incomes exceed the statutory “cap,” the court must consider certain factors before awarding child support in excess of the cap. Courts in our area often award child support in excess of the cap.

In addition to basic child support, parents may be ordered to provide or contribute toward the other expenses of the child(ren), often referred to as “add ons.” 

  • “Add ons” may include the cost of health insurance and unreimbursed medical expenses, childcare, and likely the cost of a college education as well.

Modification of Child Support in New York

  • Has your income dropped?
  • Have the needs of your child increased substantially?
  • Have more than three years passed since the date of your last child support order?

You may be entitled to a modification. Either parent can file an application for modification of child support. The basis for such an application will depend on, among other things, the date of the last order of support, and whether or not the parties agreed to the support in writing or if it was determined by the court.

For more recent orders, unless the parties agreed otherwise, a court may modify an order of child support where:

  • There has been a substantial change in circumstances since the date of the last order; or
  • Three years have passed since the order was entered, last modified, or adjusted; or
  • There has been a change in either party's gross income by 15% or more since the order was entered, last modified, or adjusted.

While there is no definitive list of factual scenarios that may constitute a substantial change in circumstances, some examples of include: A material change in one or both parent’s incomes as a result of an illness or injury, or substantially increased expenses resulting from the medical needs or illness of a child.

Set up a consultation with our dedicated Nassau County child support lawyers. Contact us online or give us a call at (516) 447-8977 today.

Enforcement of Child Support in New York

If a parent defaults in the payment of child support, the recipient and child have rights.

First, if there is a stipulation or written agreement, the default and notice provisions, if any, must be reviewed and followed. The recipient may then commence enforcement proceedings, which may include seeking court intervention. How to proceed will depend on many factors, including the existence of an agreement, the location of the parties, their sources of income, and their assets. We help parents enforce their rights, and we help parents defend themselves.

In an enforcement proceeding, the court has broad authority and can issue a money judgment which will accrue interest, hold a defaulting parent in contempt (potentially including jail time), suspend a driver’s license or professional license, and award the enforcing party counsel fees.

If a defaulting party needs to defend themselves against enforcement proceedings, the available defenses are limited and will be specific. But if a payor parent becomes unable to pay, and allows arrears to accrue, they cannot simply be relieved of that liability and should seek legal advice as early as possible to be able to defend themselves. 

How to Enforce Child Support Orders in Nassau County

Once a child support order has been established, it is important to ensure that it is enforced to provide for the needs of the child. Our experienced child support attorneys can assist you in enforcing child support orders to make sure that the other parent fulfills their financial obligations. We understand the importance of securing the support that your child deserves and will work tirelessly to make sure that the court order is enforced.

Ways to enforce child support orders include:

  • Wage garnishment
  • Seizing tax refunds or lottery winnings
  • Suspending driver's or professional licenses
  • Placing liens on property
  • Contempt of court proceedings

If you are facing challenges in enforcing child support orders, contact our Garden City, NY office today to speak with one of our knowledgeable attorneys.

How Our Experienced Nassau County Child Support Attorneys Can Help

Engaging the assistance of a seasoned Nassau County child support attorney can profoundly influence the results of child support proceedings, providing a multitude of advantages for those maneuvering through these legal intricacies. Our legal professionals bring a deep understanding of the complexities inherent in child support cases specific to Nassau County, delivering invaluable guidance to our clients.

  • Legal Expertise: Our experienced attorney brings comprehensive knowledge of family law and child support regulations specific to Nassau County, ensuring that clients receive accurate advice and representation.
  • Negotiation Skills: Child support cases often involve negotiations between parties. Our skilled attorney can advocate for their client's interests, striving to achieve a fair and reasonable resolution through negotiation or mediation.
  • Courtroom Representation: In situations requiring court intervention, our attorney is adept at effectively representing their client. We can present a compelling case, citing pertinent laws and precedents to support our client's stance.
  • Case Assessment: Our attorneys assess the unique aspects of each case, considering factors such as income, expenses, and parenting arrangements. This thorough evaluation ensures that child support calculations are accurate and in line with legal standards.
  • Navigating Legal Procedures: The legal process can be complex, involving paperwork, court filings, and deadlines. Our attorneys guide clients through each step, providing clarity on procedures and ensuring all necessary documentation is submitted accurately and promptly.

Hiring an experienced Nassau County child support attorney from Winter & Grossman, PLLC is an investment in securing the best possible outcome in child support matters, offering peace of mind and legal support during a potentially challenging process.

If you have questions or would like a more detailed explanation, please call our office at (516) 447-8977  or contact us online to schedule a telephone or in-person consultation with an experienced Nassau County child support lawyer.

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