There are a lot of people out there who have a hard time and want to reduce child support, because their standard of living and ability to keep current on their bills is suffering. Why? Because the amount of their child support payments has been calculated based on a wage far higher than they actually receive. If you're making support payments which seem far higher than your income warrants, then you'll want to keep reading; there are some tips here which may enable you to reduce the amount of your support payments.
Before you begin trying child support reduction, keep in mind that you still have to keep making them at their current level while any decision is being made. Otherwise, you'll almost certainly meet with failure in your efforts to reduce your payments. While you're working to reduce child support payments in court, you should continue paying support to your former spouse. Even if you can't afford to pay the entire amount, keep paying what you can towards your payments. This demonstrates your willingness to make payments and your inability to make them in full. If you don't pay, this gives you the appearance of being unwilling to meet your obligations.
Worse yet, it makes you appear as though you don't care about the child. Always make your payments by check (or better yet, certified check) since cash isn't traceable. You can make an appeal to the court to reduce support if your income has declined or you have an argument to make about extenuating circumstances that you feel the court did not take into consideration.
These may include custody of another child or financial hardships; if you have another child to support, the law is on your side in asking to reduce child support.
Showing posts with label child support law staten island. Show all posts
Showing posts with label child support law staten island. Show all posts
Tuesday, November 9, 2010
Sunday, November 7, 2010
Asserting Your Rights as a Father
Another aspect of father's rights in child maintenance is to collect it himself should he be the custodial parent. There are many fathers that automatically assume the mother will be granted full custody of the children so they do not fight. If you have any reason to believe that your spouse is not equipped to handle the children, it is your right as the birth father to take matters into your own hands. Your best advice is to remain as willing to communicate as possible and avoid moving out of state during custody hearings. There are many fathers who pay child support only to have their ex move the children out of state. Because this is so common, your father's rights have been safeguarded by federal laws which require a parent to meet several guidelines before just moving a child away from you. Again, you must continue your payment schedule.
If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.
If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.
Friday, November 5, 2010
Father's Rights and Child Support
What may seem fair isn't always how things work. Luckily, there are many aspects of child support that are federally mandated and each state has different laws in regard to a father's rights in child support.
Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.
Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.
Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.
Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.
Wednesday, November 3, 2010
Getting More From Your Child Support
Divorce is not an easy thing. Especially if you have children and are reliant on the ex-spouse for child support.If making ends meet for you and your child or children has become more difficult did you know that you can request that a child support attorney review your child support payment once a year. If your ex has gotten a raise, or child's education and cost of living has increase4d you may be eligible for an increase. But do keep in mind that if your ex has lost their job or has had a salary decrease and you have asked for an adjustment your child support could possibly go down. In this article you will receive some suggestions about what you should do before you go to a judge to ask for modification to your child support.
First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.
Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.
Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.
Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.
Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.
Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.
First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.
Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.
Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.
Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.
Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.
Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.
Monday, November 1, 2010
Child Support Lawyer Eric Gansberg
If you are not with your significant other anymore, but have a child with him or her, then you will need to figure out how you will take care of your offspring once the funds leave with your spouse. Getting a reputable child support attorney can help you to get the wages you need in order to care for your baby.
Definition
When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.
Determining Payment Amount
There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.
Ensuring Payment is Made
Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.
Definition
When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.
Determining Payment Amount
There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.
Ensuring Payment is Made
Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.
Wednesday, May 12, 2010
Services You Need From a Family Law Attorney
Adoption
Adoption is generally a much happier event than divorce, but it is still necessary to have the proper representation of a Staten Island family law attorney. If a woman is relinquishing the rights to her child to free him for adoption, she will need representation to ensure that her rights are protected. The adoptive parents will also require representation that can help them file all the correct paperwork to finalize the process.
Paternity
Sometimes the custody of a child cannot be determined until paternity is settled. An experienced family attorney can help to establish paternity that has been ordered by the court, such as in the case where the two parents are not married. Once paternity is established, the child may receive the same rights as children that are born into a marriage. It will also protect the rights of the father to have a relationship with his child and possible custody as well.
Domestic Violence
When domestic violence is occurring, it can be very difficult for the victim to feel comfortable seeking help to get out of the situation. However, a sensitive Staten Island family law attorney can handle the situation with privacy and compassion, helping that victim get the help and protection she needs. From filing the protective order to enforcing it, the attorney can be just the one to help a victim get out of this abusive cycle.
There are many aspects of family law that might require the services of a family law attorney. Whether a family is in the midst of an adoption or a divorce, this professional can ensure that the rights of everyone involved are protected and the final settlement is fair. Many cases that are seen in family court are highly charged and very emotional. It takes the confidence and compassion of a professional well trained in this area to ensure a family law issue is resolved quickly and fairly.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Adoption is generally a much happier event than divorce, but it is still necessary to have the proper representation of a Staten Island family law attorney. If a woman is relinquishing the rights to her child to free him for adoption, she will need representation to ensure that her rights are protected. The adoptive parents will also require representation that can help them file all the correct paperwork to finalize the process.
Paternity
Sometimes the custody of a child cannot be determined until paternity is settled. An experienced family attorney can help to establish paternity that has been ordered by the court, such as in the case where the two parents are not married. Once paternity is established, the child may receive the same rights as children that are born into a marriage. It will also protect the rights of the father to have a relationship with his child and possible custody as well.
Domestic Violence
When domestic violence is occurring, it can be very difficult for the victim to feel comfortable seeking help to get out of the situation. However, a sensitive Staten Island family law attorney can handle the situation with privacy and compassion, helping that victim get the help and protection she needs. From filing the protective order to enforcing it, the attorney can be just the one to help a victim get out of this abusive cycle.
There are many aspects of family law that might require the services of a family law attorney. Whether a family is in the midst of an adoption or a divorce, this professional can ensure that the rights of everyone involved are protected and the final settlement is fair. Many cases that are seen in family court are highly charged and very emotional. It takes the confidence and compassion of a professional well trained in this area to ensure a family law issue is resolved quickly and fairly.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Thursday, May 6, 2010
Experienced Family Law Attorney
When going through a divorce, many find that the process is often muddled with various legal steps they know nothing about. Finding the appropriate New York divorce help is crucial to those going through a divorce, as an experienced family law attorney has assisted many people in making the process much smoother for themselves. An attorney may offer advice regarding when and where to file, how to best protect one's assets and/or rights and how to reach a fair settlement. Speaking with a qualified family law attorney is important in having one's questions and concerns addressed, and many law firms offer free consultations.
A New York family law attorney may offer advice to those who believe their spouse will file for divorce in another state. The travel expenses one may rack up in this case can be extremely costly. An attorney may best advise their client on how to handle such a situation or how to avoid this scenario all together. Having a qualified legal representative by their side has allowed many people to protect their rights and themselves while going through divorce proceedings. As many people are on a budget when getting divorced, many law offices will discuss their client's budget in reaching a workable plan.
There are several issues that frequently arise in a divorce. Assistance through this process is crucial in many cases to reaching a fair settlement that respects the wishes of both parties. Issues such as child custody, child support, spousal support and dividing a couple's assets are often prominent in discussing a divorce agreement. With experienced and knowledgeable representation, many people have successfully avoided being taken advantage of by a former spouse. As each state has different laws regarding divorce, child support and other issues common in a divorce case, it is important to seek divorce help from a New York family law attorney experienced in the state.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
A New York family law attorney may offer advice to those who believe their spouse will file for divorce in another state. The travel expenses one may rack up in this case can be extremely costly. An attorney may best advise their client on how to handle such a situation or how to avoid this scenario all together. Having a qualified legal representative by their side has allowed many people to protect their rights and themselves while going through divorce proceedings. As many people are on a budget when getting divorced, many law offices will discuss their client's budget in reaching a workable plan.
There are several issues that frequently arise in a divorce. Assistance through this process is crucial in many cases to reaching a fair settlement that respects the wishes of both parties. Issues such as child custody, child support, spousal support and dividing a couple's assets are often prominent in discussing a divorce agreement. With experienced and knowledgeable representation, many people have successfully avoided being taken advantage of by a former spouse. As each state has different laws regarding divorce, child support and other issues common in a divorce case, it is important to seek divorce help from a New York family law attorney experienced in the state.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Saturday, April 10, 2010
Family Law Covers A Lot
Family law attorney staten island matters represent a sizable chunk of any jurisdiction’s docket and can be among the most emotionally charged matters seen in court.
Family law attorney staten island deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.
Divorce and child custody attorney staten island cases make up the vast majority of family law cases. Family law requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a family law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.
Family law attorney staten island deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.
Divorce and child custody attorney staten island cases make up the vast majority of family law cases. Family law requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a family law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.
Saturday, March 20, 2010
Legal Separations
Sometimes, when a divorce seems imminent, a married couple inquires about the possibility of "legal separation". Some states refer to legal separation attorney staten island by other names, such as "separate maintenance".
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation attorney staten island", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation attorney Staten Island or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation attorney staten island", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation attorney Staten Island or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
Monday, February 1, 2010
How to Determine Child Support
In order to establish consistency and predictability in the amount of child support awards, the federal government mandates child support guidelines to be used by the states. The particular guidelines are different in each state. Please visit our free child support calculators.
Income
Most of the guidelines take into consideration the income of both parents. The percentage of the couple's combined income that each parent contributes helps determine the amount they will be obligated to pay in child support. Some states will base their formula on gross income, while others will use net income.
Deductions
If a parent is already paying child support or alimony from a previous situation, they will generally be allowed to deduct that amount from their income. Typically, there are two requirements to qualify for this deduction: the support payments must be court-ordered (not voluntary) and the parent must actually be making the payments. A parent is not allowed to make deductions from his or her income for the support of a subsequent spouse or children.
Childcare expense
States will usually also take into consideration the amount that the parents must spend on childcare in order to work or look for work. Some states will adjust the amount allowed for this expense to account for the federal dependant care exemption on federal income taxes. In states that provide a dependent care exemption on state income taxes, the expense may be adjusted to reflect this as well.
Healthcare expense
The child support order needs to spell out who will pay for the children's health insurance. The amount spent on health insurance is added to the basic child support order and then credited to the parent who pays it. Many states' guidelines call for a certain amount of additional support to cover out of pocket health care expenses that may be incurred. Extraordinary medical expenses will be taken into consideration as well.
Other expenses
The basic support order may also be increased to account for other unusual expenses such as special educational needs of gifted or handicapped children. The cost of visitation expenses, such as travel for the parent or child, are usually divided between the parents in proportion to their incomes. The non-custodial parent would then receive a credit for the amount of this expense that belongs to the custodial parent.
Shared Custody and Visitation
Many of the guidelines try to account for the amount of time that the children spend with each parent in determining the amount of the child support award. The more time that the children spend with the non-custodial parent, the more expenses that parent incurs to support he children. In situations where there is shared custody or extensive visitation, the amount of child support awarded will probably be less than in situations where there is sole custody and little visitation.
In a case to determine the amount of child support that should be awarded, there is a presumption that the child support guidelines provide the correct amount. However, it is possible to obtain an award that is higher or lower than the amount determined by the guidelines. This will require a judicial determination of extenuating factors that require a deviation from the guidelines.
Income
Most of the guidelines take into consideration the income of both parents. The percentage of the couple's combined income that each parent contributes helps determine the amount they will be obligated to pay in child support. Some states will base their formula on gross income, while others will use net income.
Deductions
If a parent is already paying child support or alimony from a previous situation, they will generally be allowed to deduct that amount from their income. Typically, there are two requirements to qualify for this deduction: the support payments must be court-ordered (not voluntary) and the parent must actually be making the payments. A parent is not allowed to make deductions from his or her income for the support of a subsequent spouse or children.
Childcare expense
States will usually also take into consideration the amount that the parents must spend on childcare in order to work or look for work. Some states will adjust the amount allowed for this expense to account for the federal dependant care exemption on federal income taxes. In states that provide a dependent care exemption on state income taxes, the expense may be adjusted to reflect this as well.
Healthcare expense
The child support order needs to spell out who will pay for the children's health insurance. The amount spent on health insurance is added to the basic child support order and then credited to the parent who pays it. Many states' guidelines call for a certain amount of additional support to cover out of pocket health care expenses that may be incurred. Extraordinary medical expenses will be taken into consideration as well.
Other expenses
The basic support order may also be increased to account for other unusual expenses such as special educational needs of gifted or handicapped children. The cost of visitation expenses, such as travel for the parent or child, are usually divided between the parents in proportion to their incomes. The non-custodial parent would then receive a credit for the amount of this expense that belongs to the custodial parent.
Shared Custody and Visitation
Many of the guidelines try to account for the amount of time that the children spend with each parent in determining the amount of the child support award. The more time that the children spend with the non-custodial parent, the more expenses that parent incurs to support he children. In situations where there is shared custody or extensive visitation, the amount of child support awarded will probably be less than in situations where there is sole custody and little visitation.
In a case to determine the amount of child support that should be awarded, there is a presumption that the child support guidelines provide the correct amount. However, it is possible to obtain an award that is higher or lower than the amount determined by the guidelines. This will require a judicial determination of extenuating factors that require a deviation from the guidelines.
Monday, December 14, 2009
Collecting Past Due Child Support
Collecting past due child support is vital to making sure your child gets everything he or she needs. There are many approaches to take in attempting to collect unpaid child support:
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period. The amount of wages that can be withheld each pay period for child support varies from state to state, but is usually a certain percentage of total earnings. "Earnings" usually include pension benefits, bonuses and so forth.
Child support garnishments usually take precedence over other garnishments, such as consumer debt garnishments.
Under the 1996 Welfare Reform Act, all states must have procedures for revoking the "licenses" of non-paying parents.
Affected licenses include:
•Driver's licenses
•Passports
•Professional licenses (medical personnel, lawyers and any other profession for which you need a license to perform)
•Recreational licenses, such as fishing and hunting
Most states require the nonpaying parent to be behind a certain dollar amount in payments before licenses are suspended.
Many states give the nonpaying parent notice ahead of time of impending suspension, so there's real inventive to get child support payments current.
Eric M. Gansberg is your #1 source for child support law in New York and Staten Island! He has the background and experience to make sure that you get the money you are entitled to. Choose Eric M. Gansberg for all your child support law needs!
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period. The amount of wages that can be withheld each pay period for child support varies from state to state, but is usually a certain percentage of total earnings. "Earnings" usually include pension benefits, bonuses and so forth.
Child support garnishments usually take precedence over other garnishments, such as consumer debt garnishments.
Under the 1996 Welfare Reform Act, all states must have procedures for revoking the "licenses" of non-paying parents.
Affected licenses include:
•Driver's licenses
•Passports
•Professional licenses (medical personnel, lawyers and any other profession for which you need a license to perform)
•Recreational licenses, such as fishing and hunting
Most states require the nonpaying parent to be behind a certain dollar amount in payments before licenses are suspended.
Many states give the nonpaying parent notice ahead of time of impending suspension, so there's real inventive to get child support payments current.
Eric M. Gansberg is your #1 source for child support law in New York and Staten Island! He has the background and experience to make sure that you get the money you are entitled to. Choose Eric M. Gansberg for all your child support law needs!
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