DeRoberts Law Firm

Focused On Protecting Your Family And Your Future

Helping You Get The Child Support You Deserve

Last updated on March 8, 2022

Following a divorce or separation, each parent is obligated to provide financially for the care, maintenance and education of the child or children. While parents are equally responsible for financially supporting their child or children, the noncustodial parent is typically responsible for making payments to the custodial parent. Each parent contributes to the total amount of child support based on their individual percentage of income.

New York’s child support calculation guidelines are clear and firm. The formula to calculate the amount of child support sets out a flat percentage of income based on the number of children. You may need the advice and representation of an experienced child support attorney in the event the process becomes challenging to navigate, or you encounter potential legal disputes.

If you are concerned about fair determination or enforcement of child support, the DeRoberts Law Firm can help guide you and find a resolution that best fits the best interests of your children.

When You Might Need A Child Support Attorney

The New York state formula mandates certain percentages for determining the level of financial support from the noncustodial parent, based on their combined gross income but there are exceptions. If your child support situation is complex, the DeRoberts Law Firm can be your legal ally in helping you with the following:

  • If you have five or more children; the court will determine an appropriate amount based on several factors.
  • The formula stops at $80,000. Child support from any combined income above that amount is negotiated or determined by a court.
  • If the noncustodial parent is self-employed or paid in cash, he or she may not be reporting all income. Mr. DeRoberts uses forensic accountants or subpoenas of bank and tax records to determine accurate numbers for child support.
  • Either parent can petition for modification of child support for a material change in circumstances (job loss, increased costs in caring for the child).
  • If the other parent is not making scheduled child support payments, Mr. DeRoberts can pursue enforcement measures.
  • The noncustodial parent may have to pay a share of (a) the child’s unreimbursed health care costs, (b) private school or college costs or (c) child care costs while the custodial parent pursues a degree toward employment.
  • Support continues to age 21 or emancipation at any point after age 18. A parent can petition to end support by arguing that the child is self-supporting.
  • Unwed mothers can petition for a paternity test to compel the biological father to pay child support.

Attorney Jeffrey DeRoberts will take the time to answer your questions and explain the process every step of the way.

Determining Child Support Payments

When establishing a support order, the court presumes that the guidelines reflect the appropriate amount. However, in many cases the court also considers several other factors that impact how much support may be warranted in your specific case. These factors are:

  • Each parent’s financial assets and resources as well as the child’s financial resources
  • The child’s physical, emotional and mental health and needs
  • The standard of living the child would have enjoyed had the marriage or relationship survived
  • Each parent’s tax consequences
  • Each parent’s nonmonetary contribution to the well-being and care of the child
  • Either parent’s educational needs
  • Each parent’s respective contribution to the combined gross income
  • The needs of other children not subject to the instant support order
  • Other factors deemed relevant by the court

In the event that either parent experiences a substantial and material change in circumstances, the court may modify an existing support order. Syracuse child support attorney Jeffrey DeRoberts has extensive experience working through all stages of the child support process.

Contact A Trusted Child Support Attorney

The DeRoberts Law Firm has been helping clients obtain, enforce and modify court orders for child support for more than 25 years. We stay by you through each step of the process and help you navigate through the ever-changing family law system. We offer flexible office hours at our Syracuse location.

Call 315-479-6445 or contact us online. Your first consultation is free.