Garden City Child Support Attorney

Cut out paper mache of family with gavel

Child support is often a contentious issue for divorcing and unwed couples in Garden City. Whether you need support for your child or the paying parent, you need an attorney well-versed in New York’s child support guidelines. That’s where Aiello & DiFalco LLP can assist you.

As a leading family law practice on Long Island, we have a well-earned reputation as dedicated advocates who guide families through their most pressing challenges. When you work with us, we will protect your rights and ensure your child has the financial resources they need and deserve. Call our Garden City office today to speak with a capable child support attorney. 

Understanding Child Support in Garden City

Child support is an amount of money one parent pays to the other to help cover their children’s needs. This includes costs for:

  • Basics like home, clothes, and food (basic child support)
  • Health insurance and healthcare expenses (additional child support)
  • Childcare (additional child support)
  • Educational expenses (discretionary additional child support)

Who pays child support usually depends on who the children live with most of the time – the parent without custody pays the other. But if both parents share time with the kids equally, the parent who earns more money will support the other.

Child support payments continue until the child turns 21 or becomes independent by law. Parents can agree to support until the child is 22 or finishes college, but a court can’t force payments after age 21. Not paying court-ordered child support can lead to serious legal problems.

How Is Child Support Calculated?

Child support amounts are set under New York State’s rules. When calculating, the courts look at:

  • A portion of the parent’s total yearly gross income before taxes (except deductions for NYC taxes, Social Security and Medicare)
  • The number of children the parents are supporting.

This “gross income” includes all money earned, like salaries, bonuses, overtime, commission, money from self-employment, and any other income.

For parents earning less than the set limit (now $183,000), child support is a percentage of income based on how many kids they have:

  • One child: 17%
  • Two children: 25%
  • Three children: 29%
  • Four children: 31%
  • Five or more children: At least 35%

If parents earn more than this limit, the court might order extra support using these percentages and considering other things like:

  • Each parent’s income and finances
  • The lifestyle the child had during the marriage
  • The child’s health and any special needs
  • How taxes affect each parent
  • The value of each parent’s non-money help in raising the child
  • Needs of other children the non-custodial parent has
  • Any other factor the court finds important

The court can apply these rules to the first $183,000 combined income and then decide on any additional amount based on these factors.

When Child Support Cases Become Complicated

Child support discussions can get tricky when:

  • Parents must agree on their earnings or how much money the child needs.
  • The parents both make enough to support the children together, but separating results in a financial strain on the family
  • Either parent tries to hide their money or belongings.
  • The income is hard to determine (like for a small business owner with many deductions or reported losses).

Child support situations get more complex when parents make more than the usual limits. Also, shared custody situations might lead to deviations from the standard rules.

 At Aiello & DiFalco, our Garden City child support lawyers are experienced and ready to defend your rights and look after your children’s needs.

Child Support Modifications

A parent can request changes to a child support order if:

  • It’s been three years or more since the order was set
  • There’s been a change in income of at least 15% higher or lower
  • The paying parent lost their job through no fault of their own
  • The paying parent’s income went up significantly
  • Either parent has become permanently disabled
  • The child’s proven needs have increased.

If you need to change child support terms, our Garden City child support lawyers are here to help. We’ll prepare and submit the necessary paperwork, represent you in court, and fight for your rights.

Enforcing a Child Support Order in Garden City

If a parent doesn’t pay child support and doesn’t have a good reason, the court can make them pay by:

  • Making their employer take money directly from their wages (wage garnishment).
  • Putting a legal claim on their personal stuff, like houses or cars.
  • Taking money straight from their bank accounts.

The court can also find a parent in contempt for not paying child support on purpose, which might lead to jail. However, courts usually try to avoid jail time since it stops the parent from earning money to pay the support.

Get the Support You Deserve – Contact Aiello & DiFalco Now

Need help with child support in Garden City? Whether it’s setting up, changing, or enforcing an order, Aiello & DiFalco is here for you. Trust us to defend your rights and secure a fair outcome for you and your kids. Reach out today to begin.