Determining Child Support Payments

Do you need help determining child support payments? This can be a very troublesome part of family law cases and we want to give you the answers you need. As an experienced Buffalo Child Support Lawyer, I am often asked by clients how the courts determine child support.

Determining Child Support PaymentsGenerally, for one child, you’ll pay 17% of your net income, for two – 25%, for three – 29%, for four – 31%, and for five – 35%.

New York State’s Child Support Standards Act sets the basic amounts, and the final amount can be negotiated between the parents. Absent another agreement, the number of children determines the amount.

When someone – whether they’re divorced or were never married – asserts that an obligation for payment of child support has been set, but the other person refuses to pay, their question to me as a Buffalo Child Support Lawyer is, “What can I do now?”

Refusal to pay child support shifts enforcement of the obligation back onto them and they must file an application in family court, or the Supreme Court, to enforce that obligation whether it was established by agreement between the parties or court order.

If you take no action, you will not be able to collect anything, but by application for enforcement, you ask a court to enforce the existing obligation.

The judge will enter an order to enforce payment through child support collection – which might impose a wage deduction.

The onus is on the person who is not receiving that court-ordered child support to file an enforcement petition to enforce the legal rights you’ve been granted.

We can answer all of your questions about determining child support payments when you meet with us for a first consultation. Let us help you get the peace of mind you are seeking when we handle all of the hard parts of the law for you.

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