Protecting Your Child’s Best Interests in Nassau & Suffolk County

Child support is a critical component in ensuring that children of separated or divorced parents have the financial resources they need to thrive. Whether negotiating a child support agreement or seeking a court order, securing a fair and equitable arrangement is essential for your child’s well-being. In New York State, the laws surrounding child support are designed to ensure that children continue to benefit from the financial support of both parents, regardless of their living situation.

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Strong Advocacy for Children of Divorce: Joseph Law Group, P.C.

At Joseph Law Group, P.C., we protect children’s best interests by helping parents secure fair child support arrangements. Our experienced child support lawyers in Nassau County understand parents’ challenges and are committed to providing personalized legal representation. We work closely with clients to ensure that support agreements align with New York’s child support laws, meet the specific needs of the children involved and are reasonable based on our clients' means.

Calculating Child Support in New York

New York has established specific guidelines to calculate child support, with the goal of ensuring consistency and fairness in these cases. The guidelines are based on the parties' respective incomes, with the goal of ensuring that both parents contribute to their child’s financial needs in proportion to their means.

Several factors influence child support calculations, including:

  • The income of both parents
  • The number of children being supported
  • Each parent’s ability to earn income
  • Health insurance and childcare costs

Before calculating child support, one must first determine how much each party earns, or if appropriate, determine their capacity to earn. While sometimes this is relatively simple, for example, when the parties are what is known as W-2 wage earners, in many situations determining income is not at all simple. For example, determining income for people who are self-employed, receive support from family members, are beneficiaries of trusts, or have various income producing assets can be exceedingly complicated. In these situations, having experienced counsel on your side is critical.

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When Does Child Support End in New York?

Under New York state law, child support generally ends when a child turns 21. If the child is developmentally disabled child support may extend to age 26. And there are circumstances under which a child under the age of 21 may be deemed emancipated, in which case child support may terminate prior to age 21. Parents do have some leeway to agree to alter these terms by written agreement.  As every situation is unique, please contact Joseph Law Group, P.C. in Nassau County to help ensure your rights are protected.

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Modifications to Child Support Orders

Over time, circumstances often change, and the child support terms, whether through agreement or court order, may no longer be appropriate. In New York, child support orders may be modifiable depending on the change in circumstances. Common grounds for seeking a modification include:

  • A substantial change in one parent’s income (e.g., job loss, pay increase)
  • A change in the child’s needs (e.g., increased medical expenses or educational costs)
  • Changes in custody or visitation arrangements

The legal process for modifying a child support order involves filing an application with the appropriate court, and barring a settlement, proving that the modification is needed and legally permissible.

Enforcement of Child Support Orders

Unfortunately, sometimes a parent fails to meet their child support obligations and does not have a valid basis for a reduction of their obligation. This can create significant financial hardship for the custodial parent and, most importantly, negatively affect the child. When this happens, legal mechanisms are available to enforce child support payments. These include:

  • Wage garnishment
  • Seizure of tax refunds
  • Suspension of driver’s or professional licenses
  • Fines and penalties
  • In extreme cases, jail time

Can Parents Agree to No Child Support?

In New York, parents can agree to a child support arrangement that differs from the state's standard guidelines, but such agreements must be approved by the court to ensure they are in the best interest of the child. If parents decide to waive or reduce child support, the court will evaluate whether the agreement is fair and reasonable. Consult with Joseph Law Group, P.C. in Nassau County to understand your options and ensure any agreement complies with legal requirements.

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Child Support and Additional Expenses

Child support is not limited to necessities like food, clothing, and shelter. In many cases, there are additional expenses the obligation for which may be addressed in the support agreement or order, including:

  • Child care expenses when the custodial parent is working or, depending on the circumstances, in school
  • Healthcare costs (including health insurance premiums and out-of-pocket medical expenses)
  • Educational expenses (tuition, books, supplies, etc.)
  • Extracurricular activities (sports, music lessons, etc.)

Determining responsibility for these extraordinary expenses is a critical component to the child support agreement. Ensuring that both parents contribute fairly to these costs helps maintain the child’s quality of life.

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Protecting the Rights of Children in Divorce

Dealing with child support issues can be challenging and emotionally taxing. A skilled child support attorney in Nassau County will ensure your child’s best interests are prioritized—we deliver strong, honest, and ethical legal counsel in child support matters. Joseph Law Group, P.C. provides the necessary skills and support, whether establishing a new support agreement, seeking a modification, or enforcing an existing order. Our approach is to gain a thorough understanding of the facts, gather the necessary proof, negotiate with the opposing attorney when possible, and if not, effectively and efficiently prove your position to the trier of fact, a Judge, Support Magistrate, or Referee. Even in such high-conflict situations, we remain cognizant of the value of not unnecessarily increasing conflict, for example, by berating and belittling the other party. We know all too well that while this litigation is sometimes necessary, it can also negatively impact the children, and so it must be handled both with strength but also with professionalism.

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“Everything was handled with sensitivity, transparency, and professionalism from day one. I never expected to go through something like this, but they got me through a very painful chapter in my life.”

—Emmanuel M.

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“I felt I was always in the loop. Even if it was good or bad news. Dealing with such a stressful situation and having a attorney that really cared helps.”

—Kevin

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Exceptional Representation When You Need it Most

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