Long Island Child Support Attorneys Fight for Fair Child Support in Nassau and Suffolk Counties for Your Family

Ensuring your children’s well-being

If you have custody of a minor child, you can collect child support from the noncustodial parent. This is true even if you and your child’s father were never married. Simonetti & Associates uses every legal tool available to secure child support for your children. We prepare the paperwork necessary to initiate your case and guide you through the process every step of the way.

How to file for child support in New York

Most child support cases are decided as part of a divorce, along with child custody. Unmarried mothers seeking child support must first overcome the paternity obstacle. The father of your child must sign an acknowledgment of paternity. If not, you must file a paternity action to prove that he is the father. Once paternity is established, you must file a petition asking a court to order the other parent to pay child support. Of course, once you establish paternity, the father can assert rights to custody and visitation. Our family lawyers can advise you on the pros and cons of paternity actions and guide you through the entire process.

How does New York determine the amount of child support?

New York has detailed child support guidelines the court must follow when deciding how much child support must be paid. The amount is based on a percentage of the noncustodial parent’s adjusted gross income, according to the number of children, as follows:

  • 17 percent for one child
  • 25 percent for two children
  • 29 percent for three children
  • 31 percent for four children
  • At least 35 percent for five or more children

These guidelines apply to almost all parental income up to $136,000. The noncustodial parent is also responsible for a share of childcare, medical and educational expenses.

What is child support modification?

Either party has the right to file a petition to modify the amount of child support if a substantial change in circumstances occurs. These circumstances could involve a loss of income for the paying parent or an increase in the needs of the child being supported.

How does New York enforce child support orders?

When a parent does not pay court-ordered child support, the recipient parent can file a violation petition in family court. A judge holds a hearing to determine whether enforcement actions are warranted, including:

  • Ordering the Support Collection Unit (SCU) to take the payments directly from the parent’s paycheck
  • Ordering a lump-sum payment or incremental payments on the amount owed
  • Suspending the parent’s driver license, professional license or business license
  • Jailing the parent for up to six months if nonpayment is willful

When does child support end?

In most circumstances, the obligation to pay child support in the state of New York terminates when the child turns 21 years of age.

Contact our child support lawyers for your free consultation

To discuss your child support needs, contact Nassau County child support attorneys who provide quality representation that is affordable. If you are dissatisfied with your current lawyer, we can help you transition smoothly to our firm. With more than 29 years of experience, Simonetti & Associates works to resolve your case as quickly as possible while minimizing your stress and expense. We offer flexible hours at our Woodbury and New York offices and return your calls promptly. For your free consultation, call 877-385-2560 or contact us online.