When a marriage ends and there are children involved, there are many factors that both parents must take into consideration. In most cases, one parent will generally have custody of the children, while the other will be ordered by the court to pay child support to help the children maintain their normal standard of living. However, this can be a difficult aspect of the divorce proceedings in which to find common ground, since there are various ways in which child support can be calculated. And in addition to this, if one parent makes requests the other finds unreasonable, the negotiations can become prolonged and sometimes very tense. Regardless of the circumstances in these cases, it’s important to hire an attorney who has knowledge and experience in dealing with these complex legal matters.
Calculating Child Support
According to the New York Office of Temporary and Disability Assistance, standard guidelines are used by the court to determine how much child support the noncustodial parent will pay. After determining the adjusted gross income of the noncustodial parent, the court will multiply that amount by a percentage based on the number of children who will require support. Standard guidelines start with 17 percent for one child, 25 percent for two children, and go up to 35 percent for families that have five or more children. However, while in some cases the court will determine the amount of support to be paid, there are divorces where the spouses will come to an agreement on their own as to how much child support the noncustodial parent will pay. These agreements can make it much easier on everyone, since they offer both parties greater flexibility and lessen the chances support will not be paid due to one parent thinking the amount is excessive. More information about this can be found at Your text to link….
Consequences of Not Paying Child Support
In cases where a parent chooses to not pay child support for various reasons, a number of consequences may result. If only a payment or two are missed, the court will usually issue a warning to the noncustodial parent. However, if payment after payment are missed, the person may be held in contempt of court, and could face jail time. If the custodial parent chooses to take the matter to court, wages could be garnished, tax refunds seized, and the noncustodial parent may be ordered to make restitution for any back payments they have missed. However, while New York courts are known for wanting to help noncustodial parents meet their child support obligations, they are nevertheless determined to see that payments are made, and therefore do not hesitate to impose penalties if necessary.
Why You Need an Attorney
In any child support case, it’s imperative to have available to you the services of an attorney who has experience in dealing with these sensitive matters. Since emotions often run high when it comes to divorce and child support hearings, having an attorney who can stay level-headed and keep you the same way can be crucial to reaching an agreement you will find satisfactory. Whether you are a custodial parent seeking additional support, or a noncustodial parent who is seeking a modification to the original support agreement, having a knowledgeable attorney on your side can ensure you leave court with a decision that’s fair and just to everyone involved. No matter the situation, an attorney can also help both parents realize that while they may have differences with one another, ultimately the decisions made by them and the courts will affect their children for many years to come.