Buffalo Child Support Lawyer
Divorces are unpleasant, even if the couple is better off with a divorce, the couple’s children, if any, are usually not. The courts will attempt to minimize the impact and disruption to the children due to a divorce. One way they do this is by ordering one of the parents to pay child support. Our experienced Buffalo child support lawyers have assisted countless clients with child support matters throughout Western New York.
How Is Child Support Calculated?
New York has a law called the Child Support Standards Act, that calculates the amount of payment. The formula will calculate the noncustodial parent’s payment by adding up the incomes of both parents, multiplying that amount by a certain percentage based on the number of children to be supported, then prorate that value based on the percentage of each parent’s income. The final result will be how much the noncustodial parent is supposed to pay for the year.
What Happens If the Court’s Calculation Is too Much for the Noncustodial Parent to Pay?
The noncustodial parent will need to provide proof of a hardship. Then explain to the court why the payments should be reduced and why he or she can’t afford to make the payments, .
Can the Payments Be Reduced?
Yes, but only the court can modify the payment obligations, the noncustodial parent must continue making the full payments until the court issues a new order. If the noncustodial parent has a significant change in income or financial situation, they can petition the court for a modification of payments.
Can the Parents Agree to Their Own Plan?
Yes, but it must be reviewed and approved by the court. The court will require the parents to explain why they believe their plan should replace the Child Support Standards Act formula. The court will also make sure that the best interests of the child are protected.
What Happens if the Noncustodial Parent Doesn’t Pay?
If payments aren’t made, the noncustodial parent is deemed to be in arrears. If this occurs, the child support enforcement agency can collect the amount owed using a variety of steps, such as intercepting tax refunds, suspending the noncustodial parent’s driver’s license and garnishing wages.
Contact Us Today! If you find yourself in a situation, call the Law Offices of Nicholas W. Hicks today to find out how we can help. Don’t go it alone!