Child Support Attorneys in Brooklyn

Experienced Family Law Attorneys in New York & New Jersey

Our attorneys can help you understand your child support rights and responsibilities under the law, securing the child support you are entitled to, and determining whether a deviation from the presumptive legal levels of child support is reasonable or appropriate in your particular circumstances.

Contact us online or call (718) 484-7510 to schedule a free initial consultation. 

What is Child Support?

Child support is a financial obligation that one parent must pay to the other for the care and maintenance of their child. This support typically covers essential needs such as food, housing, healthcare, and education. The amount of child support a parent must pay depends on various factors, including the parents' income, the needs of the child, and state guidelines. In Brooklyn, New York, child support is calculated according to the New York Child Support Standards Act (CSSA), which outlines specific percentages based on the parents' combined income and the number of children involved.

How Do Child Support Attorneys in Brooklyn Help?

Child Support Attorneys in Brooklyn play a vital role in helping parents navigate the complexities of family law. At Usher Law Group, our team has a deep understanding of child support laws and works tirelessly to ensure the financial responsibilities are handled fairly. Here’s how we assist clients:

• Establishing Child Support Orders: If you're seeking to establish child support for the first time, our attorneys will guide you through the entire process. Whether you’re in a divorce situation, dealing with unmarried parents, or establishing paternity, we ensure that all the legal requirements are met and that the best interests of the child are taken into account.
• Modifying Existing Child Support Agreements: Sometimes, life changes, and so do the needs of children or the financial circumstances of the parents. Whether due to a change in income, employment status, or custody arrangements, we help clients seek modifications to their existing child support orders.
• Enforcing Child Support Payments: If the non-custodial parent fails to make timely payments, it can create financial strain for the custodial parent. Family Law Attorneys at Usher Law Group are skilled at enforcing child support orders through legal channels, such as wage garnishment, tax refund interception, and more.

Legal Representation in Family Court: In situations where agreements cannot be made outside of court, our attorneys are experienced in representing clients in family court to ensure a fair resolution is reached.

How is Child Support Determined in Brooklyn?

Child support calculations in Brooklyn are primarily based on the New York Child Support Standards Act (CSSA). The CSSA sets forth guidelines to determine the percentage of a parent's income that should go toward supporting the child. The combined income of both parents is used to determine child support payments. Below are the general percentages based on the number of children:

• 17% of combined parental income for one child
• 25% for two children
• 29% for three children
• 31% for four children
• 35% for five or more children

This amount is then divided between the parents based on their respective incomes. However, factors such as healthcare, childcare, and special needs may increase the child support amount.

When Can Child Support Be Modified?

Child support orders can be modified if there is a substantial change in circumstances. This may include:

• A significant change in income (either an increase or decrease)
• A change in the custody arrangement (e.g., if the child spends more time with one parent)
• The child’s needs changing due to health, education, or other factors
• A change in the living situation of one of the parents (e.g., remarriage or relocation)

If you believe your circumstances have changed and you need a child support modification, our Family Law Attorneys in Brooklyn can help you file the necessary petitions to request a change.

What Happens if the Non-Custodial Parent Doesn't Pay Child Support?

Failure to pay child support is a serious matter. Enforcing child support payments is crucial for the custodial parent to receive the financial support necessary for the child’s upbringing. In Brooklyn, parents who fail to make child support payments can face several legal consequences, including:

• Wage Garnishment: A percentage of the non-custodial parent’s wages can be automatically withheld to cover child support payments.
• Tax Refund Interception: The government may intercept tax refunds to cover overdue child support payments.
• Property Liens: The court may place a lien on the non-custodial parent’s property to ensure payment.
• Contempt of Court: If the non-custodial parent willfully refuses to pay, the court can charge them with contempt, potentially resulting in fines or imprisonment.

At Usher Law Group, our team of Child Support Lawyers in Brooklyn is prepared to take legal action on behalf of custodial parents to ensure payments are enforced.

Can Child Support Be Retroactive?

In some cases, child support can be ordered retroactively. This means the non-custodial parent may be required to pay child support for a period before the official child support order was established. This is often the case when one parent requests child support after the child has already been born and living with the custodial parent.

The court may grant retroactive child support, depending on the circumstances, such as when the non-custodial parent was aware of their obligations but failed to make the necessary payments. Working with a Child Support Lawyer can help ensure that retroactive payments are calculated fairly.

How Long Do Parents Have to Pay Child Support?

In New York, the general rule is that child support must be paid until the child turns 21 years old. However, child support can end earlier if the child is emancipated through marriage, joining the military, or becoming financially independent.

If the custodial parent believes the child support obligation should end sooner, or if a parent feels that the child is no longer entitled to support, it’s crucial to consult with an experienced Family Law Attorney to assess the situation.

Why Should You Hire a Family Law Attorney for Child Support Issues?

Hiring an experienced Child Support Attorney from Usher Law Group ensures that your rights and the interests of your child are protected throughout the entire legal process. Here are some key reasons why legal assistance is beneficial:

• Expert Advice: Navigating child support laws can be complex. A qualified attorney can provide valuable advice and guidance tailored to your unique situation.
• Efficient Handling of Your Case: Legal proceedings can be time-consuming. Having a dedicated attorney means that your case will be handled efficiently, reducing delays and complications.
• Court Representation: If your case requires court intervention, a skilled attorney will advocate on your behalf to achieve the best outcome.
• Modification and Enforcement: If you need to modify an existing support order or enforce a payment, having legal assistance ensures that all necessary steps are taken promptly.

At Usher Law Group, we are committed to helping you through the child support process with dedication and professionalism.

Frequently Asked Questions (FAQs)

• Do I Need a Lawyer for Child Support Issues?
  While it is possible to handle child support matters without an attorney, it is often beneficial to hire an experienced Child Support Attorney. An attorney can help ensure that you are following all legal guidelines, protect your rights, and help secure the best possible outcome. In particular, if you need to modify or enforce an existing child support order, or if you are facing complications such as non-payment or disputes about the amount, having legal representation can make a significant difference in the outcome of your case.
• Can a Parent Refuse to Pay Child Support if They Don’t See the Child?
  No. Child support is a financial obligation that is separate from custody and visitation. Even if a parent does not have regular visitation or is not actively involved in the child’s life, they are still required to provide financial support. Failure to pay child support can result in serious consequences, including wage garnishment, tax refund interception, and other enforcement actions. If you are a custodial parent experiencing issues with receiving support, contact one of our Family Law Attorneys to discuss your options.
• What Happens if the Custodial Parent Receives Public Assistance?
  In cases where the custodial parent is receiving public assistance, child support payments may be directed to the state rather than the custodial parent. In Brooklyn, if the custodial parent is on public assistance, the state will usually step in to collect child support and ensure that payments are made to the government to cover public funds provided. However, the non-custodial parent is still legally obligated to pay child support, and the child’s needs must be met regardless of the public assistance status.
• How Do I Appeal a Child Support Decision?
  If you disagree with a child support decision made by the court, you may have the option to appeal. Appeals are typically filed with the appellate court and must be based on a legal error, such as misapplication of the law or failure to properly consider evidence. An experienced Child Support Attorney from Usher Law Group can evaluate your case, help determine if an appeal is warranted, and guide you through the complex process of filing an appeal to challenge the decision.
• How Does the Court Handle Child Support for Parents with Joint Custody?
  In cases of joint custody, child support is determined based on the financial circumstances of both parents, with the court taking into consideration the amount of time the child spends with each parent. If one parent has the child for more time, they may receive child support from the other parent. The New York Child Support Standards Act (CSSA) provides a formula for determining the amount based on the combined income of both parents. The court aims to ensure that the child’s needs are met, regardless of custody arrangements.
• Can Child Support Be Paid in Lump Sum Payments?
  Child support is generally intended to be paid regularly, typically on a monthly basis, to provide ongoing support for the child’s needs. However, in certain circumstances, a court may approve a lump sum payment, especially if both parents agree to it. This may be more common in cases where a significant sum of money is available (such as from a settlement or inheritance). If you are considering a lump sum child support arrangement, it is important to consult with a Family Law Attorney to ensure that the agreement is fair and legally sound.

Contact Us Today for Legal Assistance

If you're facing child support issues in Brooklyn, Usher Law Group is here to help. Whether you need assistance establishing child support, modifying an existing order, or enforcing payments, our experienced Family Law Attorneys are ready to support you. Contact us today to schedule a consultation with our team of Child Support Lawyers and take the first step toward ensuring a fair resolution for your child support case.

Need Child Support Assistance? Contact Usher Law Group today for expert legal support from our Child Support Attorneys in Brooklyn. We're here to help! Call tel:(718) 484-7510 now!