Louis F. Simonetti, Jr. – Suffolk County Child Support Lawyers
Louis F. Simonetti, Jr. is the driving force and founder of Simonetti & Associates. With over 30 years of legal experience, he draws from his corporate and business background to continue to develop the family law practice he started in 1990. He has considerable experience analyzing various types of business ventures and financial situations, which allows him to maximize property divisions and settlements on behalf of his clients in divorce proceedings.
In addition to being an avid sports fan, Mr. Simonetti dedicates himself to giving back to the community. He has served as general counsel to various youth organizations and religious organizations, providing legal services for their members. He is a lifelong resident of Long Island and the father of four children and has been married for over 30 years.
- – J.D., St. John’s University School of Law, 1987
- – Member, St. John’s University Law Review, 1986 –1987
- – Recipient of St. Thomas More Guild Scholarship
- – B.S.E., magna cum laude, Wharton School, University of Pennsylvania, 1984
- – Established the Wharton Investment Banking Society
- – New York, 1988
- – U.S. District Court, Southern District of New York, 1989
- – U.S. District Court, Eastern District of New York, 1989
Blog Posts From Our Suffolk County Child Support Lawyers
Enforcing Child Support Orders
Did you know that if you have custody of your child, you have the right to collect child support from the noncustodial parent? In New York State, once a divorce agreement is consolidated, child support is mandatory until the age of 21. Social services mandate that the highest-earning parent contributes an amount that was agreed upon either in court or by a mediator. In most cases, the issue with child support for most is finding adequate enforcement of child support for the providing parent. To discuss your child support needs, be sure to contact our Suffolk County Child Support Lawyers here at Simonetti & Associates.
How Is Child Support Enforced?
In New York State, the child support enforcement program overdue child support can be collected through administrative procedures that can be enforced without going to court. Before any administrative procedures, the noncustodial parent is notified about the procedure. They are also provided with a deadline and instructions to either challenge or comply with the action, and they are made aware of the consequences of failing to comply. Here are some of the procedures that may be used to enforce child support orders:
– Income Execution (IEX)
– Income Tax Refund Intercept
– Unemployment Insurance Benefits Intercept
– Drivers License Suspension
It is important to note that many of these procedures will not be used unless the noncustodial parent fails to comply with their child support agreement. With Simonetti & Associates, our Suffolk County Child Support Lawyers can help guide you through the child support process. While child support is one of the oldest divorce laws in effect, many people still try to avoid the order by making lump-sum payments and claiming to make less money than they do. As a countermeasure for this, the parent receiving child support reserves the right to demand more child support through a court appeal. Every state has a social service for enforcing child support. In New York, they use the HRA (Human Resources Administration) to manage child support payments. The primary issue with the HRA is that they offer no real enforcement of payments aside from moderating the amount both parents agree on. According to the DPPA (Deadbeat Parents Punishment Act), a “deadbeat” parent can be charged with a misdemeanor for missing child support payments up to $5,000 and a felony for missing payments up to $10,000. The DPPA is one way to ensure that the noncustodial parent pays what they owe. Our Suffolk County Child Support Lawyers at Simonetti & Associates can discuss all the options that are available to you to support your needs.
Contact Our Suffolk County Child Support Lawyers
Simonetti & Associates has been in practice for over 30 years and our team can properly assist you with all of your family and divorce law needs. If you are having trouble arranging equitable child support payments and enforcing a noncustodial parent to make their payments, be sure to contact us to get the help you need today!
What Determines Who Pays Child Support?
One of the factors that can lengthen the divorce process is determining child support. While determining which parent will pay and how much each payment is can be time-consuming, Simonetti & Associates is prepared to help. Our Suffolk County Child Support Lawyers will represent you throughout the entirety of this process and help secure the child support that will be necessary after the split.
Who Pays Child Support?
A common misconception regarding child support is that when parents are awarded a 50/50 custody split, support payments are not necessary. However, this is not true, as New York State courts require one parent to pay child support in all situations. In most cases, the parent who has the highest income is the one who pays child support. In scenarios where one parent has a higher percentage of custody than the other, the non-custodial parent is required to make payments.
The Child Support Formula
To ensure that each child receives appropriate support payments, courts use a specific formula in each case of divorce. This formula is used to eliminate any unfairness when determining the payment amount. Our Suffolk County Child Support Lawyers would like to share what goes into this formula, which includes the following:
- Income: As previously mentioned, income plays a huge role in determining child support payments. Both parents are required to submit W-2’s, pay stubs, and other documents that show proof of income to the court.
- Dependants: Dependancy information also needs to be submitted to the court. If one parent is legally obligated to support other children outside of the marriage, it will have a direct impact on the court’s decision for child support payments on this specific divorce.
- Healthcare Costs: If one parent carries the burden of paying for the child’s healthcare, they will receive a credit in the child support formula. Our Suffolk County Child Support Lawyers will help you show your monthly healthcare expenses to make sure your spending is properly represented.
- Childcare: In some states, full-time daycare can cost anywhere between $10,000 and $50,000 a year. Like with healthcare, parents carrying the burden of paying for childcare will receive a credit in the child support formula.
Simonetti & Associates – Suffolk County Child Support Lawyers
Once the decision to file for a divorce has been made, one of the most pressing matters on both parent’s minds will likely be child support. In many cases, proper allocation of this payment will be an essential part of ensuring that the needs of your child can be properly met. With Simonetti & Associates, our Suffolk County Child Support Lawyers are prepared to ensure that child support is properly allocated so that your child can get the care they need. If you have more questions about the process of determining child support, be sure to contact our staff today.
Request A Free Consultation With Our Suffolk County Child Support Lawyers!
Fill out the form below and we will contact you as soon as possible. Not a fan of filling out forms? We understand, call us at 1-877-385-2560 and we can set up your consultation over the phone.