Child Support Guidelines in the State of New York
CHILD SUPPORT IN NEW YORK STATE
New York State Child Support
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PAUL W. MATTHEWS ESQ.
305 BROADWAY, SUITE 801
NEW YORK, NY 10007
347-461-0760
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Child Support Lawyer | Family and Matrimonial Law | New York and Manhattan
For many years, Courts in New York State have used child support guidelines (i.e. 17% of Adjusted Gross Income for 1 child) in order to fix an amount for child support. Adjusted Gross Income ("AGI") is a term which includes deductions for social security and medicaid taxes, and New York City income taxes, but not for Federal or State income Tax.
Child support guidelines are not used where the non-custodial parent's income is very low (below the Federal poverty level or the self-support reserve). Where the combined adjusted gross income is above $130,000.00 the guidelines may or may not be applied to amounts of AGI over $130,000.00 (Cassano Hearing.).
The courts may also deviate from the guideline amounts for child support orders either on consent of both parties or after a deviation hearing.
Despite the guideline formula, child support cases can be very complex and are fraught with pitfalls for the pro se litigant (The term 'pro se' refers to acting as one’s own attorney or representing yourself in a civil or criminal matter.) or even for the attorney who is not familiar with the special law and procedures of child support cases. Cases where the non-custodial party either has his or her own business or has other children to support are more complex and should have experienced legal representation to assure an equitable settlement. Other recurrent and often-times problematic issues involve overtime pay, child care expenses, private school and college tuition, upward and downward modification, Cost of Living ("COLA') cases, so-called "imputed income" and child support enforcement.
Except for cut and dried cases, this is not an area where you should attempt to represent yourself. It is important for you to have a lawyer who is familiar with and experienced in child custody cases to represent you. If you have already lost your child support case, you are allowed to file objections, and can appeal if you lose those.
Family law can be complicated when dealing with child support issues – Attorney Paul Matthews has extensive experience with the special laws and procedures of child support cases and works for you to obtain a successful outcome.
305 BROADWAY
SUITE 801
NEW YORK, NY 10007
347- 461- 0760
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Disclaimer: The information on this website is intended to show general principles, and should not be relied upon for decision making without consultation with an experienced Divorce Lawyer or Family Law attorney as to your particular situation. Contact via email does not establish an attorney-client relationship.
© 2009 Paul W. Matthews | New York Family Law | 305 Broadway, Suite 801 | New York, NY 10007 | 347-461-0760
