Lawrence B. LaRaus, Esq. represents clients throughout New York State, including the five boroughs of New York City, Counties of Westchester, Rockland, Orange, Putnam and Dutchess Counties, as well as Nassau and Suffolk Counties in a range of family and matrimonial law issues, including child support. From his White Plains office he brings a wealth of experience and a track record of success for his clients through the years. He can protect your interests and help you through the often daunting process of child support determinations pursuant to a divorce. Also, he has years of experience handling post-judgment child support modification and enforcement proceedings in both Supreme and Family Court.
In New York, the calculation of child support is governed by the Child Support Standards Act (CSSA), which consists of a mathematical formula based on the respective incomes of the divorcing parents and the number of children involved. In New York, the court is mandated to calculate the combined annual income of the parties, up to either a statutory cap or beyond, at the discretion of the Court, and multiply the combined income of the parties by a fixed percentage depending on the number of un-emancipated children of the marriage. In the State of New York, a parent has an obligation to support an unemancipated child to the age of 21, unless a child is deemed emancipated sooner. That figure is then prorated between the parties based upon their respective incomes.
The CSSA percentages are as follows:
- 17%: 1 child
- 25%: 2 children
- 29%: 3 children
- 31%: 4 children
- No less than 35% for five or more children.
Although the child support determinations can seem complicated at first, Lawrence B. LaRaus, Esq. has more than 25 years of legal experience. He handles child support cases frequently, and can help you understand your rights and options and walk you through the process.
Obtaining a Deviation from the Statutory Child Support Guidelines
There are many instances in which the child support payment determined by a strict application of the statutory guidelines is not appropriate. If you are the custodial parent, you may need higher payments to sustain the standard of living enjoyed during the marriage or to provide for your child’s needs or other unusual circumstances. If you are the non-custodial parent, you might have financial issues that prevent you from paying child support in strict application of the guidelines. These issues are commonplace in most divorce actions and can be dealt with effectively by Lawrence B. LaRaus, Esq..
The court considers modifications of support orders based on a totality of the circumstances and based on an unforeseen change of circumstance. Additionally, new legislation now provides for the issue of child support to be re-visited every three (3) years or should a party’s income increase or decrease by 15% or more. Our lawyers can petition the court to modify your child support requirements on your behalf.
Contact Lawrence B. LaRaus, Esq.