Child Support Lawyer 

Contact us today to schedule an initial consultation with our parental rights lawyer to discuss your case.

When you have minor children, both parents have a legal and moral obligation to provide financial and emotional support until they reach adulthood. This applies regardless of the parents' marital status at any point. If the parents are not together, a child support arrangement will need to be made to provide for the child's needs no matter where the child is living. This arrangement will depend on the specific child custody situation, as well as other factors. If you are involved in a child support case, it's important to hire a qualified lawyer to help represent your interests. Here are just a few of the ways that our experienced child support lawyer can help you: 

• Experienced Advice: Your child support lawyer will be familiar with child support law and what steps will be necessary in your case. We will offer advice based on our extensive knowledge and years of experience working with this sort of case in the greater Buffalo area. Knowing what to expect can help you feel better prepared for your case. 
• Familiarity With Modification & Enforcement Procedures: In some circumstances, a child support agreement might need to be adjusted to account for changes in a parent's income. If the parent does not petition the court to modify the agreement, it could become an enforcement issue. If you need assistance with modifying an existing agreement or any related matters, a child support lawyer will offer the best chance of success. 
• Meeting Deadlines: Any legal procedure requires extensive paperwork, and child support matters are no exception. Our office will help make sure that everything is filled out accurately and submitted on time. We will also help you gather any information that might be necessary. 
• Peace of Mind: It's always beneficial to know that someone is in your corner - particularly if the other parent in the case has a lawyer. We know how the process works and will diligently advocate for your best interests, as well as the interests of the children in question. You will feel less overwhelmed about the whole process if you hire an experienced child support lawyer to help you. 

Child support is calculated using a straightforward formula, and it is governed by the Child Support Standards Act, known as the CSSA. Child support consists of two elements, “basic child support” and the “add-ons,” and is calculated using a two-step process. 

First, the parents’ incomes are combined up to the cap, and it is determined what percentage each parent’s income is to the total combined parental income. Income includes gross total income as should have been or should be reported on the most recent federal income tax return; investment income reduced by sums expended in connection with such investment, and additional income from workers compensation, disability benefits, unemployment insurance benefits, Social Security benefits, veterans’ benefits, pension and retirement benefits, fellowship and stipends, as well as annuity payments.

The court may also determine in its discretion to add income from other sources such as non-income producing assets, certain perquisites as a part of compensation from employment, fringe benefits provided as a part of compensation from employment, and money, goods or services provided by relatives and friends. 

Once all income has been totaled, certain deductions are to be made from income, such as reimbursed employee business expenses, maintenance paid to a spouse not a party to a current action for child support, any maintenance paid either temporary or post-judgment, child support paid pursuant to a Court Order for a child who is not a part of the pending action, public assistance, Supplemental Security Income, New York City or Yonkers income or earnings taxes actually paid, and Federal Income Contributions Act (FICA) taxes. Once the adjusted gross income is determined, child support is calculated by applying the statutory percentages based on the number of children (1 child – 17%, 2 children – 25%, 3 children - 29%, 4 children – 31%, 5 children – no less than 35%). From the total combined basic child support as calculated above, each parent's share is prorated in the same proportion as each parent's income is to the total combined parental income. 

With respect to the add-ons to basic child support, such as child care and uninsured/unreimbursed medical expenses, those portions are to be paid based upon each party’s proportion to the total combined parental income.