Child Support Concerns
If you are going through a divorce, you may be losing sleep over child support concerns. Our Rochester divorce attorney can answer all of your questions. Here is what you need to know.
Child Support Concerns | Delay in Child Support Filing
Sometimes there is a change in circumstances that requires an order to be changed. You shouldn’t delay filing because you’re going to lose your right to get a prompt change in the child support obligation. Only a new child support order can change an old child support order. You can’t rely upon the parent of the child on the other side who tells you they don’t want child support anymore because the child is now living with you. Frankly, that’s unenforceable. I’ve had cases where that’s happened and the parent who had the child but didn’t change the child support order was still obligated to pay child support for the period of time up until they filed the petition to change that.
Child Support Concerns | Determining Child Support
Child support in New York is based upon your income and the number of children you have. For one child, it’s 17% of your adjusted gross income, for two children it’s 25% of your adjusted gross income, and for three children it’s 29%. Your adjusted gross income is what you make minus deductions for certain expenses that the court recognizes you would be allowed to deduct. Some people have multiple child support orders. Other orders are deducted from your income. What you pay for certain taxes is deducted as well.
Child Support Concerns | Not Being Paid Owed Child Support
After a child support order has been entered, sometimes people don’t get paid the child support that they’re entitled to. The law allows for enforcement of those orders. We can take somebody back to court and get a judgment against them. The Child Support Enforcement Unit will sometimes suspend their driver’s licenses, they will seize bank accounts, they will seize income tax returns, and they can even seize vehicles and any other property that you have in order to take that property to satisfy the child support obligation.
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If you have child support concerns, please call our Rochester child support attorney Mike Schmitt today for a free consultation.