Suffolk County Child Support Attorneys

Protect Your Child’s Financial Future: Call (631) 629-6874

Child support issues are often disputed, with a judge having to decide the matter. With the careful negotiations of a Suffolk County child support lawyer, however, it may be possible to resolve your support matter before the court has to intervene. But if your child support case has to be resolved in a trial, you can count on our attorney to deliver the tireless advocacy that you deserve.

Kuhn & Sandler, PLLC is committed to protecting the interests of the children and fighting for fair support payments to adequately provide for them. We are also committed to ensuring that the non-residential parent is not made to pay an unfair amount of support. Speak with a child support lawyer from our firm today to discuss your situation and learn how we can help. We are happy to provide a free, no-obligation consultation to each potential client.

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Factors Used to Determine Child Support in New York

New York follows a guideline when determining the amount of child support that needs to be paid. The child support law operates using percentages of the total combined income of both parents and then prorating the child support payments between both parties in light of each parent's income. The number of children is also taken into account.

After using their standard formula and taking a look at these other contributing factors, the court will determine if the guideline for the child support obligation is just and appropriate for the given case. If they find it to be unjust, the court can adjust it to their discretion.

Child Support & Contempt Of Court

If there is an Order of Child Support and certain "procedural requirements" have been satisfied and you do not pay your child support you may be held in contempt of court. Very briefly there must be a valid existing order, there must be a determination of a default which was willful and proper notice of the order and the violation must have been provided.

A contempt finding and incarceration can only be made by the Court that issued the order of support or the court that has "adopted" the order of support. So if you are divorced and the Supreme Court Order directs child support the Family Court can "enforce" the order but cannot hold you in contempt until they have adopted the Supreme Court Order and you violate it again.

Generally, the mere fact of non-payment establishes the violation. The burden then shifts to the person with the arrears to prove that it was not willful. An example might be:

• The loss of employment through no fault of the paying party
• Medical illness
• Lack of notice of the order
• Failure of the Petition to contain the proper statutory warnings

Resolution can include payment of the full amount due or a schedule for partial payments.

Incarceration is a last remedy when there are no other likely means to obtain payment. If a person is employed a payroll garnishment may avoid incarceration. If there are bank accounts with assets, a seizure of the monies or interception of tax refunds may avoid incarceration. Contempt of Court is serious and when faced with such a situation an experienced matrimonial should be retained.

Call a Child Support Attorney in Suffolk County Today!

In far too many cases, a court orders specific child support payments but the parent fails to provide them. If you need help enforcing child support, we can help. New York courts do not look kindly on those who fail to follow a court order, and the state provides a variety of ways for you to recover arrears of child support.

The legal ramifications for the parent who has failed to pay child support could include wage garnishments, fines, and even jail. You deserve to work with an attorney who can help you reach a faster resolution for you and your children.

Any time a child support order needs to be modified, it must be done through the court. Whether a child has changed needs and requires more support, or a parent has an unforeseen substantial reduction of income or job loss, a modification to child support may be in order. We can help you get any such matter resolved.