All parents are responsible for financially supporting their children. Since child support is to be paid until the children become emancipated (generally at age 21, and possibly later if the children are still attending college) the amount of child support is often a contentious component of a divorce. So, if you have a family law matter involving child support, it is vital that you retain the right attorney to obtain the right child support order.
At Clement Law, we represent parents in cases involving child support. Family law attorney Daniel Clement uses his more than 25 years of experience to provide the practical guidance you need to protect your rights in support matters.
Child support is calculated using statutory guidelines, which establish the base amount of support that must be paid, based on the parent’s income and the number of children. The add-on expenses are paid in proportion to each of the parents’ incomes.
The child support guidelines are:
The “basic child support obligation” is calculated by multiplying the “combined parental income” by the appropriate “child support percentage. For child support purposes, “income” is defined as “gross income as was or should have been reported on the most recent federal income tax return” less deductions for, among other things, social security and local income taxes.
The court has discretion to deviate from the guidelines in cases where the combined income is in excess of $163,000, or when there are significant reasons for doing so.
Child support can be modified if there is a change in circumstances. Examples of a change in circumstance include a substantial change in the payer’s income, a change in the cost of living or an increase in cost for the children’s needs.
Our app gives parents the power to use any internet-connected mobile device, laptop or computer to manage their shared expenses learn more.
No. A court can award child support pendente lite- i.e. during the case. In addition, the “non-custodial” parent may be ordered to pay all or a pro rata share of expenses for child care and unreimbursed medical.
Child support, like maintenance can be upwardly or downwardly modified if there has been a change in circumstances. An example of a change in circumstance could be that the children have some increase needs. Child support may be re-examined every 3 years or if there has been a change in income of more than 15%.
No. Child support not deductible to the payor or income to the recipient.
“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York.
Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.
An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”