Staten Island, New York, Child Support Lawyer
Divorce almost always creates a need for substantial financial adjustment by both parties, but understanding our laws and planning accordingly can help you avoid financial hardship. If you are facing or considering divorce, you can contact me to gain valuable insight into your financial options and likely obligations.
Current New York state laws provide an objective structure for the child support that a non-custodial parent after divorce must pay. The statutory guidelines consider both parents’ income and establish percentages of total income that must be paid, depending on the number of children.
Child Support Orders May Involve Exceptions
Although the basic level of support is nearly always a simple calculation, a number of factors may be considered in the actual child support order. Whether you will need to receive or pay support, I can help you form expectations and also provide legal counsel about exceptions involving:
- Treatment of income above a combined parental total of $130,000 per year
- Income from resources other than employment
- Special needs of the children
Child Support Cases May Be Reviewed
It is important to remember that all child support orders are subject to modification. If there is a substantial change in circumstances, I can help you petition the court for an appropriate modification of your order. Whether you owe or are owed support, I will work hard on your behalf to ensure that the child support amount is fair and meets your child’s best interest.
Enforcement of Child Support Orders
If a parent does not adhere to the child support order, there are a number of ways to enforce it. I can help you take appropriate legal action, including working with the New York State Office of Temporary and Disability Assistance or, if necessary, filing a contempt action.
OTDA provides a number of services to help ensure that child support is paid. These services are available whether or not you receive public assistance, and they include:
- Locating absent parents
- Establishing paternity
- Establishing and enforcing support orders
- Collecting and distributing support payments
- Modifying support orders when circumstances change
- Providing income withholding
- Enforcing support through liens, seizures, and license suspensions
Child Support Dispute Resolution
In some cases, child support issues can be resolved without going to court. I strongly advocate for dispute resolution methods such as negotiation, mediation, and collaborative law, which can often save time and money while preserving relationships.
When necessary, I am fully prepared to take your case to court and will work tirelessly to protect your rights and the best interests of your children. Please contact me to schedule a consultation. I represent clients in Staten Island, New York, and throughout the metropolitan area.
Let Me Help You With Your Child Support Concerns
If you are owed child support and have difficulty collecting, I can provide legal assistance and representation. I am committed to helping my clients through some of the most difficult times in their lives. I understand that divorce creates many challenges, both financially and emotionally. I will work with you to resolve your case efficiently and fairly so that you can move on with your life. Child support law is complex, and I can help you navigate the process and obtain the best possible outcome.
Preparation With Your Lawyer Is Essential for Maintenance Issues
New York laws governing domestic relations also establish guidelines for awards of maintenance to one spouse. Modern changes in these laws — including a move away from the once-common terms alimony and spousal support — generally encourage the treatment of such payments as more temporary than in the past. In many cases, an award of maintenance covers a period that will allow the supported ex-spouse to become self-supporting or to account for the necessity of caring for very young children.
Maintenance awards and orders are substantially more subjective than those for child support. It is essential to establish a strong, clear position on why you feel you should receive maintenance — or why you do not believe spousal maintenance should be granted in your divorce case, based on factors the court views as relevant.
What to Expect From Me as Your Child Support Lawyer
I understand how divorce and child support can affect every aspect of your life, and I will work diligently to protect your interests and the interests of your children. When you retain me as your child support lawyer, you can expect:
- An honest assessment of your legal options and likely outcome
- Regular communication and updates on the status of your case
- An aggressive yet practical approach to protecting your interests
- A focus on achieving a fair result that meets the best interests of your children
- Thorough preparation and aggressive representation in court
- Open communication and regular updates on the status of your child support case
- A compassionate approach that puts your children first
Discuss Your Child Support and Maintenance Case Today
If you are facing a divorce or have already been divorced, as a child custody lawyer and divorce lawyer, I can provide the experience and knowledge you need to get the best possible result and help you understand and protect your rights regarding child support. Contact Benjamin Haber, Attorney at Law, for informative counsel on how to deal with child support and maintenance issues in your divorce. I offer free initial consultations. I represent clients in Staten Island and throughout the metropolitan area of New York City.