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Obtaining Child Support in Rome, New York

Rome Child Support Attorney

There are many ways for child support payments to be required of an individual, and there are various ways to have the payment amount modified. As the father of a child born out of wedlock, you must establish paternity in order to have any legal rights to the child. In establishing paternity, you will receive various rights that could include visitation or even custody; however, one responsibility that you may have is child support payments. Another way that you could be responsible to make these payments is in the case of a divorce. If you are the non-custodial parent, then you could be required to make payments to your ex-spouse in order to compensate for various costs of living for your child.

If you are the custodial parent of your child, then you may be entitled to collect child support payments from the non-custodial parent. This amount is calculated based upon the non-custodial parent's ability to pay, the needs of the child and other various elements. Life has many twists and turns, and circumstances change; because of this there are often situations that require a modification to the current support payments that are being made. Whether you are paying child support, or you are entitled to receive these payments, there are various issues that can arise and it is vitally important for you to have skilled legal assistance on your side that can help resolve these issues.

How is child support determined in New York?

There are several different formulaic methods that are used throughout the United Stated when determining the amount of child support payments. These guidelines were created because of the Family Support Act that was passed in 1988 making the standards for support payments more uniformed across the board. The top three support calculation methods are:

Income Share Guidelines- This is where the income of both parents are combined into one and a percentage of that is allotted to support payments. Then they divide up the support and split it up equally between the two parents.

Percentage of Income Guidelines- In this scenario the income of the non-custodial parent is taken into consideration. With that they take a fixed percentage and it is allotted towards the financial support the children.

Melson Formula Guidelines- This formula takes into account any rises in income that the parents experience whether it is an increase or decrease.

Aside from those three calculation formulas, the court will also take a number of external factors into account including:

  • How much each parent makes
  • How many children they have
  • What the custody arrangement is
  • The tax filing status of the parents
  • Whether or not either parent is currently supporting a child from another relationship
  • How much their health insurance costs are
  • How much their daycare and other expenses are
  • Whether or not they have union dues to pay

If you have any further questions regarding the calculation of child support in New York, don't hesitate to sit down and discuss your case with a Rome divorce lawyer at our firm today. We can use the formulas to give you an approximate idea of how much support payments will be and who will have to pay them. Contact us today to get started on your case.

Legal Representation in NY Child Support Cases

At the Law Office of Diane Martin-Grande, we are dedicated to providing our clients with the skillful, insightful, and aggressive legal assistance that they need in order to effectively pursue a favorable outcome. Attorney Diane has more than 21 years of experience in practicing law, and she has a wide breadth of experience in all facets of law. We understand the severity of the situation that you are facing; you can count on us for the legal assistance that you need.

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