Working in pursuit of fair payment terms across Nassau and Suffolk

Child support is the most critical financial issue in many divorces and separations. Your divorce should not leave you incapable of caring for your children, nor should divorce require you to pay excessively. Bryan L. Salamone & Associates, P.C., can help you understand your rights and obligations under New York’s child support laws and advocate for a fair, accurate support order.

For more than 30 years, our knowledgeable Long Island child support lawyers have found creative ways to help parents secure appropriate child support arrangements. Our firm has built a reputation for skillful advocacy that yields positive results in Long Island child support cases.

How New York calculates child support

In New York, the Child Support Standards Act (CSSA) provides guidelines for determining the non-custodial parent’s support obligation. Our website’s Maintenance and Child Support Calculator lets parties and their attorneys obtain detailed estimates of those payments simply by entering some financial and family information. The calculator will:

• Combine the income of the two parents, then subtract FICA and state tax to arrive at the adjusted combined gross income.
• Take a percentage of that total — 17 percent for one child, 25 percent for two children, 29 percent for three children, etc. — to reach the combined annual child support figure.
• Divide that figure based on the non-custodial parent’s pro rata share of the parents’ adjusted combined gross income. For example, if the custodial parent makes $40,000 per year and the non-custodial parent makes $60,000, then the non-custodial parent is responsible for 60 percent of child support.
• Divide that amount over 12 months to determine the payment schedule.

The CSSA caps the percentage model at a combined parental income of $183,000, and any additional support should be negotiated by the parties. However, it is our experience in Suffolk and Nassau counties that judges do not hesitate to apply the percentages for higher-earning families. Child support in New York typically continues until the child is 21, with some exceptions, such as when a son or daughter is married or in the military. The support period can also be extended to age 26 for a young adult with a developmental disability.

Note that in determining child support when parents have joint custody, the court will deem the parent with the greater income to be the non-custodial parent.

Expenses meant to be addressed by child support

Child support in New York is intended to cover a child’s basic needs, including food, clothing, shelter, and routine living costs. Beyond these essentials, courts often direct parents to share additional expenses such as:

• Childcare costs related to a parent’s employment or education
• Health insurance premiums and unreimbursed medical expenses
• Educational and extracurricular expenses

Because these “add-ons” can significantly impact a family’s budget, it’s crucial to ensure they are clearly defined in the court order. Our attorneys can help negotiate and draft an order that reflects the full scope of your child’s needs while maintaining fairness to both parents.

Modifying an existing child support order

Life changes, and so can your financial circumstances. Under New York law, a parent may petition to modify a child support order when there has been a substantial change in circumstances, such as job loss, disability, or a major shift in either parent’s income. Additionally, orders may be modified if three years have passed since the last order or if either parent’s income has changed by 15 percent or more. We provide representation for parents seeking an increase or decrease in payment rates, as well as for those responding to a modification request. Courts will only adjust the order if the change aligns with the child’s best interests.

Enforcing payment of court-ordered child support

Failure to pay child support can cause serious hardship for the recipient parent and child, as well as significant legal consequences for the paying parent. New York offers several enforcement tools, including income garnishment, property liens, driver’s license suspension, tax refund interception, and even contempt proceedings. Our family law attorneys help custodial parents pursue enforcement efficiently through the Suffolk County or Nassau County Family Court system. We also provide legal representation for parents who have fallen behind on payments to limit the legal consequences of noncompliance.

The process for obtaining child support for Long Island residents

Child support can be established as part of a divorce or by filing a petition in Family Court. The process generally includes:

• Filing a petition outlining each parent’s income and the child’s needs.
• Service and response from the other parent.
• A hearing before a Support Magistrate, who reviews financial documents and testimony.
• Issuance of a support order, setting the payment amount and schedule.

Parents may also seek temporary (pendente lite) support while a divorce or custody case is pending. In cases where parents were never married, legal paternity must be established before the court issues a support order to the father.

Long Island attorneys who fight and win for family law clients

Clients trust Salamone & Associates, because:

• We’ve handled thousands of child support cases.
• According to the Unified Court System, we handle more support cases than any other firm in Nassau or Suffolk County.
• We have a team of dedicated attorneys practicing only divorce and family law.
• We have the experience and know-how to work both sides of this issue, advocating for payors and recipients of support.
• We have won child support reductions for people who’ve lost income because of disabilities, layoffs or business downturns.
• We’ve won increases in child support where a party had falsely reported a low income.
• We collaborate successfully with financial appraisal companies and actuaries to produce accurate business appraisals to show support for or to rebut valuations of business assets and other complex financial holdings.
• We use subpoena power to aggressively investigate undisclosed business income for a fair estimate of financial resources. We have won justice in cases where the non-custodial parent was earning seven figures but the custodial parent was living below the poverty line.

If you are facing a tough divorce, child custody, or child support dispute, we are here to be in your corner, sparing no effort in pursuit of a favorable result.

Hire a determined Long Island child support lawyer

To schedule a free initial consultation with our skilled child support attorneys in Nassau and Suffolk counties, contact Bryan L. Salamone & Associates, P.C., online. If your case is urgent, call us immediately at 631-388-6009.