BEST NYC CHILD CUSTODY AND VISITATION ATTORNEY WITH 15+ YEARS OF LEGAL EXPERIENCE

Facing a divorce or separation can be devastating, especially when children are involved. One of the complex aspects of such situations is determining child support. Calculating child support requires the expertise of an experienced child support lawyer who can navigate this difficult process. At Dalbir Singh & Associates, P.C., our team of professionals possesses the knowledge, resources, and skills necessary to effectively handle child support claims. With decades of experience and a commitment to providing top-notch legal counsel, we can help you navigate this challenging and overwhelming situation. To begin your child support claim, familiarize yourself with the following information on how child support works in New York and what to expect during the process. Contact us today to discuss your claim.

WHY DO YOU NEED DALBIR SINGH & ASSOCIATES, P.C.?

As a parent preparing to divorce, it is natural to want to secure the maximum custody and visitation rights for your children. However, using custody as leverage is rarely effective and can lead to negative outcomes. The right attorney can help you stay focused on what truly matters in your divorce and build a strong case for custody. Our team has extensive experience in handling civil and criminal cases in New York City. Attorney Dalbir Singh and his legal team are committed to protecting clients' rights and guiding them through challenging cases with confidence. By choosing Dalbir Singh & Associates, P.C., you will have an NYC divorce lawyer by your side, assisting you in navigating difficult custody negotiations and ensuring the best possible outcome for your children.

CUSTODY AND VISITATION DETERMINATION IN NYC

Divorcing parents in New York City must understand that the state's family court system is obligated to protect the best interests of the children involved in a divorce case. While it may be challenging, divorcing parents must separate their personal feelings about each other and prioritize their shared responsibilities as parents to establish a successful custody arrangement. It may also be necessary to accept that obtaining full custody may not be feasible and that your ex-spouse will remain a part of your life and your child's life for many years to come.

Your NYC divorce lawyer will assist you in building a solid case for custody. If you and your co-parent maintain an amicable relationship during the divorce process, mediation can be a viable option. Through mediation, you and your spouse can negotiate a parenting plan, custody arrangement, and support agreement privately, with the help of your respective legal representatives and a mediator. Divorce mediation allows you and your spouse to retain control over the proceedings, including important matters such as child custody and visitation. If mediation is successfully completed, your mediator can help submit your proposed parenting plan and custody agreement to a NYC family court judge for final review and approval.

THE STATE'S DUTY IN CHILD CUSTODY CASES IN NEW YORK

In New York, when a judge reviews a mediated parenting plan or presides over a litigated child custody hearing, their primary obligation is to protect the best interests of the child involved in the case. Divorce mediation allows parents to utilize their personal knowledge of their lifestyle and their children's needs to create a custom-tailored parenting plan that suits everyone involved. However, when a judge makes a child custody decision, it is based on impartial legal statutes.

Several factors come into play when a judge determines child custody and visitation. If either parent has a history of domestic violence, criminal convictions, or substance abuse, they may not be granted legal custody and may only receive limited visitation until the court determines they no longer pose a threat to the children. In cases where both parents are reasonable, competent, and caring, the judge will likely aim for a joint custody agreement that provides the children with equal access to both parents.

It is natural for any parent to have concerns about child custody and visitation negotiations during divorce proceedings. While divorce mediation offers more control over the final decision, the legal process itself can be daunting without proper legal representation.

If you are ready to meet with an experienced NYC family law attorney, Dalbir Singh & Associates, P.C. is available to assist you. We understand the difficulties involved in negotiating custody of your children and are here to provide reliable and compassionate legal representation, enabling you to approach the situation with confidence. Contact us today to schedule a consultation with an experienced New York City family law attorney.

Facing a divorce or separation can be devastating, especially when children are involved. One of the complex aspects of such situations is determining child support. Calculating child support requires the expertise of an experienced child support lawyer who can navigate this difficult process. At Dalbir Singh & Associates, P.C., our team of professionals possesses the knowledge, resources, and skills necessary to effectively handle child support claims. With decades of experience and a commitment to providing top-notch legal counsel, we can help you navigate this challenging and overwhelming situation. To begin your child support claim, familiarize yourself with the following information on how child support works in New York and what to expect during the process. Contact us today to discuss your claim.

Get fair and aggressive advocacy for your child support case. Call our New York City family law attorneys today!

HOW DOES CHILD SUPPORT WORK IN NEW YORK

When a marriage ends, both parties naturally prioritize the child's future and strive to make the best decisions for them. After determining child custody based on the child's best interests, the next step involves resolving the issue of child support. Child support laws are established at the state level but are influenced by federal laws. Congress requires each state to enact specific child support guidelines to receive federal funding for enforcement services. According to New York State law, both parents are financially responsible for supporting their child until they reach the age of 21, regardless of whether they lived together or were married. Child support starts from the child's birth and includes cash payments based on the parent's income and the child's needs. In some cases, a child with special needs may require continued support beyond their 21st birthday, while emancipation, marriage, or military service may terminate support before the age of 21.

HOW IS CHILD SUPPORT DETERMIND IN NYC

New York utilizes an income shares model to calculate child support awards, ensuring that children receive a proportionate share of each parent's income as they would if the parents remained together. The guidelines and percentages are the same for all income levels. In most cases, the non-custodial parent, who does not have physical custody, is legally obligated to provide child support to the custodial parent, who has physical custody. These payments are typically non-tax-deductible for the payor and non-taxable for the recipient. Even if the custodial parent's income is sufficient to support the child, they may still receive support. Establishing paternity is necessary if the parents were never married, and child support responsibilities apply when parents are separated but continue living together or when a child is in foster care. Child support can be ordered as part of a divorce case in the New York State Supreme Court, through a petition in New York State Family Court, or in a written arrangement that meets specific requirements. Support Collection Units (SCU) and Child Support Enforcement Units (CSEU) in each county, including New York City, are responsible for collecting and distributing payments and enforcing support orders if necessary.

Ideally, parents can reach an agreement on child support. If not, the court will determine the expected level of support using a mathematical formula based on the combined income of both parents. This figure includes the cost of shelter, food, clothing, and other general expenses. Additionally, the court may order additional costs such as healthcare, childcare, and education expenses.

CALCULATING THE BASIC CHILD SUPPORT OBLIGATION IN NEW YORK

Determining the basic child support obligation in New York involves a structured process based on the parents' total income and the number of children who require support. This calculation ensures a fair distribution of financial responsibility between the parents.

The first step is to calculate the parents' total income by deducting certain expenses from their gross income, such as income tax, child support, alimony, or benefits from public assistance. The resulting adjusted incomes are then added together to determine the combined parental income.

Based on the number of children involved, a predetermined percentage is applied to the combined parental income to establish the basic child support obligation. The applicable percentages are as follows:

• 1 child = 17% of combined parental income

• 2 children = 25% of combined parental income

• 3 children = 29% of combined parental income

• 4 children = 31% of combined parental income

• 5 or more children = no less than 35% of combined parental income

To determine each parent's proportional share, their individual income is divided into the total combined parental income. The non-custodial parent's percentage contribution to the combined parental income corresponds to the percentage of child support they are responsible for paying. For example, if the non-custodial parent contributes 35% of the total yearly combined income, they are responsible for 35% of the child support amount.

In addition to wages or salary, various sources of income may be considered, such as annuity payments, fellowship awards, stipends, unemployment insurance benefits, disability benefits, worker's compensation, and pension, retirement, or Social Security benefits. The court may also take into account income potential or additional income not reported on tax returns.

While the child support amount is primarily based on the income shares model, the court has the discretion to deviate from this amount based on factors like financial resources, standard of living, health and well-being, visitation costs, tax considerations, or the exceptional needs of the child. The child support order can also be modified if there is a change in employment or if the expected support amount would leave the non-custodial parent unable to support themselves, typically estimated at $17,226.

ADJUSTING FOR ADD-ON SUPPORT

In addition to the basic child support obligation, add-on expenses are calculated and added to the support amount. Each parent is responsible for their proportional share of these expenses. Mandatory add-on expenses include health care and childcare costs.

Health care expenses encompass the child's health insurance premiums and any unreimbursed medical expenses. Childcare expenses are incurred while the custodial parent is working or pursuing education that leads to employment. Both parents are expected to share reasonable health care and childcare costs, and if one parent incurs such expenses without the other's consent, they may be solely responsible for those costs.

Non-mandatory add-on expenses, such as educational expenses or the cost of extracurricular activities, may also be included by the court.

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