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Child support

Fair, enforceable support that reflects your family's real finances.

Child Support Attorney in Nassau, Queens, and Suffolk County

In the intricate tapestry of family law, one crucial thread is the experience of a Child Support Attorney. The Law Offices of Seidner & Associates, PC understands the unique challenges your family may face and offers personalized solutions tailored to your specific needs. A skilled Child Support Attorney can be a beacon of guidance for families seeking clarity and resolution in child support matters. Matthew S. Seidner, Esq. brings an in-depth understanding of child support laws in Nassau, Queens, and Suffolk County. He is committed to guiding you through the legal maze while ensuring your children’s best interests remain at the forefront.

What is Child Support?

Child support is a legal and financial obligation that one or both parents are required to contribute towards the upbringing and welfare of their children following a divorce or separation. The goal is to ensure that the child’s basic needs for food, housing, education, and healthcare are properly met regardless of the changes in the family structure. These payments continue until the child turns 21 or gets legally emancipated before reaching 21. In some cases, the court may order the support to continue beyond the age of 21 if the child has special needs or disabilities that require ongoing care and financial support. The child support orders can also be modified by the court if there’s a significant change in either parent’s financial situation or the needs of the child.

Who is Responsible for Paying Child Support Obligations?

The responsibility for making child support payments usually falls on the non-custodial parent, i.e., the parent who spends less time with the child. The fundamental principle is to balance the child’s standard of living between both households and ensure that their financial needs are met, irrespective of the parents’ marital of living status. If both parents share equal time with the child and have similar incomes, the child support responsibilities might be adjusted accordingly. If one parent earns significantly more than the other, they might be required to pay child support, even if the actual time spent with the child is equally or neatly equally split. The Law Offices of Seidner & Associates, PC won the decisive case on this very topic, see Smisek v. DeSantis, 209 A.D.3d 142 (2d Dep’t 2022).

How is Child Support Determined in Nassau, Queens, and Suffolk Counties?

The state uses a specific formula outlined in the Child Support Standards Act (CSSA). The following information is examined when calculating Child Support: Combined Parental Income: The first step is to determine the combined annual income of both parents. This includes salaries, wages, bonuses, dividends, pensions, and certain benefits. Income Cap: The current income cap applied to the combined parental income (this changes periodically). Percentage of Income: The combined income is then multiplied by a percentage that corresponds to the number of children:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • At least 35% for five or more children

Proportional Share: The resulting amount is then divided between the parents in proportion to their incomes as part of the combined income.

A case like this

Support 2013

Support before the divorce was even decided.

A mother of three asked the court for support while her case was pending. Mr. Seidner argued the motion over vehement objections from the husband's counsel, who said she was not entitled to relief.

The outcome

Temporary maintenance, child support and attorney's fees.

Read the case note

Without their support, we could not maintain our happy and peaceful life

Masako H.Read the full review

Prior results do not guarantee a similar outcome.

Questions people ask

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Can child support be changed later?

Both the custodial or non-custodial parent can ask for a modification depending on the circumstances of either party. Modification can occur due to one of the following factors:

  • A “substantial change in circumstances”
  • More than three years have passed since an order was issued
  • A change in income of 15% or more
Basics of child support modification in New York

What if my spouse earns less on purpose to pay less support?

In some instances, one party might seek to reduce their financial obligation by artificially reducing their earnings. When this occurs, a judge can impute income. Imputing income means that the judge assigns a different income amount than what they report they are currently earning based on their earning capacity.

What is imputing income?

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