Child Support & Spousal Support / Enforcement

Forum / Choice of Court

Child Support issues are part of proceedings in Family Court and are also a part of Supreme Court divorce proceedings. If you share a child with a partner and you are not married then Family Court is the proper venue. If you are married, depending on your individual circumstances, you can bring this action in Supreme or Family Court. This can be a complex decision warranting careful consideration and the counsel we can provide at the Law Offices of ANDREW J. GILBRIDE, Esq.

Child Support Orders

Child support is about making sure your children are provided for financially and that they are receiving the things needed to be healthy and happy. Yet, child support is frequently a contentious topic and is one that many fear. At The Law Offices of ANDREW J GILBRIDE, Esq., we can help you understand the child support process and advocate for the arrangement that will work best for you and your children.

Calculating Child Support

The Child Support Standards Act set guidelines for calculating the amount of child support the non-custodial parent, the parent without physical custody of the child, must pay to the custodial parent. The Court can order child support when parents are divorcing or separating, or even if the parents were never married.

Generally, child support is based on a percentage of combined parental income, excluding such costs as Social Security and Medicare. The percentages are as follows:

• 17% for one child;
• 25% for two children;
• 29% for three children;
• 31% for four children; and
• 35% or more for five or more children.

Once the percentage of the combined parental income has been determined, the non-custodial parent is responsible for paying child support to the custodial parent based on his or her share of that amount. The determined amount, however, is not set in stone. The Child Support Standard Act sets guidelines but the Court has a tremendous amount of discretion and considers the following factors in determining child support:

• The financial resources of the parents
• The physical and emotional health of the child
• The special needs of the child
• The standard of living the child would have enjoyed had the marriage or household not dissolved
• The tax consequences to the parties
• The non-monetary contributions that the parents will make toward the care and well-being of the child
• The educational needs of either parent
• A determination that the gross income of one parent is substantially less than the other parent’s gross income
• The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action

The Court can look at the above factors and any other relevant factors, including the costs associated with private schools, special extra-curricular activities, and medical conditions of the child. Please call us today if you have any questions about how child support is calculated or if you would like us to use our experience to advocate on your behalf.

Child support is a complex and often emotionally difficult topic but we are here to help. The Law offices of ANDREW J GILBRIDE, Esq. will strongly advocate for the best agreement to provide your children with the financial support they need to continue to flourish. If you already have a child support order in place, we can also help you make sure it is enforced.

Child Support Enforcement

The Family Court has the power to enforce orders of child support. If a non-custodial parent is not paying the required amount of child support, the custodial parent can file a Support Enforcement/Violation Petition to force their compliance. After the petition is filed, a hearing will be held to determine non-compliance.

If there is a violation, the Court may order the New York State Support Collections Unit to garnish a paycheck or demand a lump sum payment to bring the debt current. Additionally, if the Court finds that the non-custodial parent does not have an inability to pay and instead intentionally and willfully failed to obey the original support order, it can order a nine percent (9%) judgment interest from the date of the default along with the attorney fees of the custodial parent. The Court also has the power to revoke the driver’s license of the non-custodial parent and commit him or her to jail for a period of six (6) months.