Westchester County Child Support Lawyer

Protecting Your Rights to Child Support in White Plains

Whether you are seeking child support or are being asked to pay child support, it is important that you understand the child support laws in New York and your rights. With more than 100 years of combined experience, our child support lawyers are dedicated to offering our clients specifically tailored legal advice, representation, and extensive explanations regarding the legal implications of their child support case. 

It is always important that you have all of the information that is essential in making informed decisions about your case. Contact our proven Westchester County child support lawyers and schedule your free consultation to learn how we can protect your rights.

Understanding Child Support Laws in New York

In New York State, the obligation to support a child is a fundamental parental duty. This obligation generally continues until the child reaches the age of 21, or until they become "emancipated" earlier (e.g., through marriage, becoming self-supporting, or joining the military). New York child support laws are primarily governed by the Child Support Standards Act (CSSA), which provides a statutory formula for calculating a basic child support obligation. A child support lawyer in Westchester County relies heavily on these guidelines.

The Basic Child Support Obligation (CSSA Formula):

The CSSA establishes a presumptive amount of child support that is intended to cover the child's basic needs, such as food, clothing, and shelter. The calculation generally follows these steps:

1. Determine Parental Income: The court first determines the "gross income" of both parents. This includes a wide range of income sources, such as wages, salaries, commissions, bonuses, self-employment income, investment income, disability benefits, workers' compensation, unemployment insurance benefits, Social Security benefits, pensions, retirement benefits, and even certain fringe benefits or non-monetary compensation.
   • Imputed Income: If a court believes a parent is intentionally unemployed or underemployed to avoid child support obligations, it may "impute" income to that parent based on their past earnings, earning capacity, education, skills, and the local job market. A Westchester County child support attorney can argue for or against the imputation of income based on the specific facts.
2. Subtract Allowable Deductions: Once gross income is determined for each parent, certain deductions are subtracted to arrive at "adjusted gross income" for child support purposes. Common deductions include Social Security and Medicare (FICA) contributions, New York City or Yonkers income taxes paid, maintenance (alimony) paid to a spouse, among others.
3. Calculate Combined Parental Income: The adjusted gross incomes of both parents are then combined to get the "combined parental income."
4. Apply Statutory Percentages: The combined parental income (up to a statutory cap, which is currently $183,000 as of March 1, 2024, and is adjusted periodically) is multiplied by a specific percentage based on the number of children to be supported:
   • 1 child: 17%
   • 2 children: 25%
   • 3 children: 29%
   • 4 children: 31%
   • 5 or more children: No less than 35%
   • The resulting amount is the "basic child support obligation."
5. Prorate Obligation: The total basic child support obligation is then divided between the parents in proportion to each of their adjusted gross incomes. The non-custodial parent (the parent who does not have primary physical custody of the child) is generally ordered to pay their proportional share to the custodial parent.

Example: If the combined adjusted gross income is $100,000 for one child (17%), the basic obligation is $17,000. If the non-custodial parent earns 60% of the combined income, they would be responsible for 60% of $17,000, or $10,200 per year in child support.

Mandatory Add-On Expenses:

In addition to the basic child support obligation, New York law requires certain "add-on" expenses to be prorated between the parents based on their proportional share of the combined income:

• Health Insurance Premiums: The cost of health insurance for the child/children, if reasonably available and accessible, is prorated.
• Unreimbursed Health Care Expenses: Reasonable unreimbursed medical expenses for the child/children (e.g., co-payments, deductibles, eyeglasses, dental braces) are prorated.
• Child Care Expenses: Necessary child care expenses incurred by a parent who is working, attending school, or receiving vocational training that leads to employment are prorated.

These add-on expenses are separate from and in addition to the basic child support obligation.

The Child Support Process in New York

Child support cases in New York are typically handled in Family Court, although child support orders can also be issued as part of Supreme Court divorce proceedings.

1. Filing a Petition: A child support case usually begins when a parent (the "custodial parent"), a non-parent who has custody, or the Department of Social Services (if the child receives public assistance) files a "Petition for Child Support" in Family Court. The petition must outline the requested support and the reasons for it.
2. Service of Process: The petition and a summons (notifying the other parent, the "respondent," of the court date) must be "served" (legally delivered) to the respondent. Proper service is critical to ensure the court has jurisdiction.
3. Initial Court Appearance / Conference: At the first court date, parties may meet with a Support Magistrate or a referee. Financial information, including recent tax returns, pay stubs, and financial disclosure affidavits, must be exchanged. The court may issue a temporary order of support to ensure the child receives immediate financial assistance while the case is pending.
4. Discovery (if necessary): For complex cases, discovery may be conducted to obtain full financial disclosure, including bank statements, business records, and other relevant documents.
5. Hearing before a Support Magistrate: A "Support Magistrate" (a court attorney authorized to hear and determine support cases) conducts the hearing. Both parties present evidence and testimony regarding their income, expenses, and the child's needs. The Support Magistrate applies the CSSA formula and addresses any add-on expenses or deviation arguments.
6. Support Order Issued: The Support Magistrate issues a final "Order of Support," detailing the amount of basic child support, add-on expenses, and the payment schedule. Payments can be made directly to the custodial parent or through the Support Collection Unit (SCU) of the local Department of Social Services.
7. Objections (Appeals): If either party disagrees with the Support Magistrate's order, they have 30 days to file a written "Objection" with the Family Court judge. The judge will review the record and either affirm, reverse, or modify the Support Magistrate's order. This is a critical step that requires a skilled child support lawyer in Westchester County.

Why You Can Count on Proto, Sachs & Brown, LLP

With offices located in White Plains and Cortlandt Manor, New York, our Westchester County child support lawyers are familiar with, and regularly appear before, the Judges and Support Magistrates throughout Westchester (including the White Plains Family Court, New Rochelle Family Court, and Yonkers Family Court) and in Bronx, Putnam, Dutchess, Rockland, and Orange Counties. This experience is invaluable as it allows us to provide you with the insight into the practices in each Court.

Understanding Your Child Support Case

When it comes to child support in New York, time is very important to your claim or defense! The longer you wait to file a petition for child support or the more time it takes to respond to a petition, the passage of time may easily work against you. Under the New York child support laws, you are not “legally” entitled to receive any child support until a petition for child support is filed with the court or an action for divorce is filed with the court.

The New York State Child Support Standards Act (CSSA) guides the process, which can be complex and overwhelming. Our firm is committed to helping you navigate these intricacies, ensuring that all relevant factors are presented effectively to the court.

We Offer Free Legal Consultations for All Child Support Matters

As part of our commitment to providing excellent legal representation to all of our clients, whether they are a new client, existing client, or returning client, our Westchester County child support lawyers provide free initial consultations. Reach out to our law firm for more information about how our experienced White Plains child support lawyers can help you with your child support matter.

With office locations in White Plains and Cortlandt Manor, we are able to serve Westchester, Bronx, Putnam, Dutchess, Rockland, and Orange Counties.