Child support remains one of the most pressing issues during divorce proceedings, particularly for parents navigating the legal system in New York. In the blog post titled “New York Child Support: What Every Divorcing Parent Needs to Know”, Manhattan child support lawyer Richard Roman Shum (https://www.romanshum.com/blog/new-york-child-support-what-every-divorcing-parent-needs-to-know/) presents a detailed overview of New York’s child support rules, obligations, and modification options, offering clarity to those entering this critical phase of family restructuring.
As a Manhattan child support lawyer, Richard Roman Shum discusses how New York’s legal framework is structured to prioritize a child’s basic needs, such as food, shelter, clothing, healthcare, and education. The article emphasizes that child support obligations fall primarily on the non-custodial parent, who must contribute a percentage of their income to maintain the child’s quality of life post-divorce. These contributions are not only mandated by law but are rooted in the goal of minimizing the disruption that divorce may bring to a child’s life.
For those seeking legal clarity, Richard Roman Shum, a Manhattan child support lawyer, outlines the mechanics of New York’s Child Support Standards Act (CSSA). Under the CSSA, support is calculated as a fixed percentage of the non-custodial parent’s gross income, ranging from 17% for one child to at least 35% for five or more children. These percentages apply to income up to $143,000, and courts may exercise discretion when income exceeds this threshold. This method is designed to make the child support process more predictable, though it still allows for adjustments based on a family's individual circumstances.
Additional expenses beyond base support are another focal point in the article. According to Manhattan child support lawyer Richard Roman Shum, courts in New York can also order contributions to healthcare, child care, education costs, and extracurricular activities. These are determined based on the child's previous standard of living and the financial capabilities of each parent. Such provisions reflect the court's aim to sustain the child's developmental opportunities and general well-being after the separation of the parents.
Richard Roman Shum provides insights into the topic of emancipation, a condition under which child support obligations may end before the child turns 21. Marriage, military service, or becoming self-supporting are cited as examples that may qualify as emancipation. The article also points out that parents must continue to fulfill their responsibilities unless legally exempt under these specific scenarios.
In one of the blog's central points, the article explains how the CSSA formula works. It takes into account various income sources including salaries, government benefits, rental earnings, and even lottery winnings. Deductions such as taxes, alimony, or other child support commitments are also factored in. This comprehensive evaluation helps ensure that the support amount reflects the paying parent’s actual financial ability. Richard Roman Shum advises using this formula or consulting with a legal professional to determine an accurate support obligation.
When discussing changes in support orders, the article explains how modifications can be sought if either parent experiences a significant shift in circumstances, such as job loss or increased income. A support order may also be reviewed automatically every three years by the Support Collections Unit. According to Richard Roman Shum, both custodial and non-custodial parents have the right to request a hearing if they dispute the outcome of the review.
Parents also have the option to create child support agreements outside the court system, but these must comply with specific legal standards. Agreements must include acknowledgment of CSSA guidelines, a justification for deviation from those guidelines, and documentation showing the hypothetical amount that would have been ordered. Courts will not accept these agreements if they fail to meet the child’s needs or legal criteria.
The article additionally touches on enforcement strategies when a parent refuses to pay court-ordered support. Wage garnishment, seizure of tax refunds, and license suspensions are some of the legal mechanisms available. Courts may also impute income when there is suspicion of underreporting or voluntary unemployment. As Richard Roman Shum explains, legal avenues exist to hold non-paying parents accountable and to protect the child’s financial welfare.
“The goal is to maintain continuity for the child and provide opportunities that contribute positively to their growth and development,” Richard Roman Shum states in the article.
For divorcing parents in New York, understanding child support rules is crucial not only to avoid legal missteps but to protect the future of their children. With detailed knowledge of the CSSA and the enforcement options available, families can navigate this challenging process with more confidence and clarity.
Parents facing divorce and needing help with child support issues are encouraged to reach out to the Law Office of Richard Roman Shum, Esq. for guidance. The firm offers assistance with calculating, modifying, and enforcing child support, always with a focus on compliance with New York law and the well-being of the children involved.
About the Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq. represents clients in family law matters throughout Manhattan, with a focus on child support, custody, and divorce proceedings. Richard Roman Shum provides legal guidance tailored to the unique needs of each case, helping families make informed decisions under New York law.
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