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Child support is a delicate situation when a couple decides they want to live separate lives in which children are involved. When it comes to anything related to divorce or separation, the ugliest part of any battle is the child support battle. While many parents want to be an active part of their child’s life and the process of raising them, they don’t necessarily want to give up a percentage of their own income each month to their kids. To be more precise, they don’t want to give up a portion of their income to their child’s other parent.
How Child Support is Calculated
New York laws are very specific when it comes to the child support. Both parents cannot have a combined income of more than $80,000 annually or the following support calculations do not apply. Each child is awarded a certain percent of the non-custodial parent’s income as follows.
– 17 percent for one child
– 25 percent for two children
– 29 percent for three children
– 31 percent for four children
– 35 percent for five or more children
If the parent’s combined income exceeds the $80,000 annual mark, the court retains the right to cap the child support amounts offered to the custodial parent where they see fit. They are many exceptions and considerations to this rule, and there is no way to know what a court might decide for each individual case.
Can I Change the Child Support Agreement in Place?
One of the most common questions child support attorneys receive is how a custodial parent can receive more child support and how a non-custodial parent can receive lower payments. No one wants to end up being used in this situation, which is why attorneys help you get what you want out of the child support agreement you’re dealt.
It doesn’t matter which side of the situation you are on. The attorney will require you provide him or her with financial disclosures so he or she can help you figure out what kind of help you need in a child support situation. Once the financial information is carefully gone over, the court will then use this information to determine whether to adjust the child support payments.
There must be financial documents from both parents. One decision cannot be made based on the income of one parent alone. It’s required to have the other parent provide their own financial paperwork as well, and they’re given a fair amount of time to present this to the attorney and to the court for the court to use when making an educated decision.
How Can An Attorney Help?
An attorney can help you with this situation because they know what to do, how to do it, and what it means to handle the law accordingly. Child support attorneys are familiar with loopholes in the law, and that means they can help you adjust the amount of child support you pay or receive following a divorce or separation.
If you are in the process of going through a divorce or separation from a spouse or partner with whom you share children, it’s imperative you hire a child support attorney to work with you. It’s the best way to get the most from this situation, and it’s the best way to ensure you’re being fairly treated in a court of law.