Westchester County Child Support Attorney 

Serving White Plains and Mount Kisco, NY in Child Support and Family Law Cases

Navigating the complexities of child support can be challenging and emotionally taxing. At Riebling & Payton, PLLC, we understand the importance of ensuring that your child receives the financial support they need while protecting your rights and interests. 

Our experienced Westchester County child support attorneys are dedicated to providing you with knowledgeable and compassionate legal representation, whether you are seeking to establish, modify, or enforce child support arrangements.

Services We Provide

At Riebling & Payton, PLLC, we offer a wide range of services to address all aspects of child support, including:

• Establishing Child Support: Helping clients navigate the initial process of establishing a child support order that is fair and reflective of the child’s needs.
• Modifying Child Support: Assisting clients in modifying existing child support orders due to changes in income, employment status, or the needs of the child.
• Enforcing Child Support: Ensuring compliance with court-ordered child support and addressing issues such as non-payment or underpayment.
• Calculating Support Payments: Using accurate income information and the child support formula to calculate appropriate payment amounts.
• Mediation and Negotiation: Offering mediation and negotiation services to help parents reach mutually agreeable child support arrangements outside of court.

Ensure your child support order is fair and legally sound. Call (914) 712-6878 or contact us online to speak with a child support attorney in Westchester County. We offer free initial consultations.

What Are the Guidelines for Child Support in New York?

Child support guidelines are designed to ensure that parents have the resources needed to provide for the health and happiness of their children. In New York State, the Division of Child Support Enforcement oversees child support court orders in accordance with the Child Support Standards Act. The process of collecting child support begins with the Custodial parent filing a petition in family court seeking an Order of Child Support.

Understanding Child Support in New York

Child support is a financial obligation that ensures a child's needs are met, including housing, food, education, and healthcare. In New York, child support is typically determined using a specific formula that considers the income of both parents, the needs of the child, and the amount of time each parent spends with the child. 

Key factors include:

• Parental Income: The combined income of both parents is used to calculate the child support amount.
• Custodial Arrangements: The amount of time the child spends with each parent can affect the support calculation.
• Child’s Needs: Consideration of the child's physical, emotional, and educational needs.

How Long Is Child Support Paid?

Generally, child support orders are to be paid until the child turns 21. However, there are exceptions in certain circumstances. In limited circumstances, if the child has special needs, the court may order the continuation of child support beyond 21. Child support may be terminated if a child is emancipated, joins the military, or gets married.

How Is Child Support Calculated in New York?

Multiple factors play a role in how New York calculates child support:

• Standard formula: The process uses a specific formula that calculates support based on parental income and the number of children.
• Types of income included: Wages, pensions, unemployment, Social Security, retirement, workers’ compensation, and even fellowships or annuity payments count toward total income.
• Deductions: Taxes, other child support obligations, business-related expenses, alimony, and public assistance can be deducted from gross income.
• Percentage approach: The formula multiplies adjusted income by a fixed percentage, depending on the number of children supported.

Once the amount of income is determined, the amount is multiplied by a percentage. The percentage to be used depends on how many children are considered in the support order. It is important to note that support may be ordered in an amount that is greater or less than the guideline amount.

The percentages for child support calculations are as follows:

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

Child Support for Low-Income Parents

If a basic child support obligation would bring a noncustodial parent's income to below the federal poverty guideline, then the noncustodial parent is generally ordered to pay $25 a month in child support.

If a basic child support obligation would bring a noncustodial parent's income to below the New York State Self-Support Reserve ($16,862 annual income), then the noncustodial parent is generally ordered to pay $50 per month in child support or the difference between their income and the self-support reserve, if that difference is greater than $50.

Child Support Add-Ons in New York

In addition to ordering the payment of basic child support, a Family Court can also require either parent to provide medical insurance for the child. Additionally, a child support order can require parents to cover other expenses related to their children. 

Typical expenses included in a child support order:

• Child care expenses incurred to allow a parent to go to work or school.
• Uncovered health insurance and medical expenses for the child.
• A portion of the child's educational expenses

The amounts for these expenses are in addition to the basic child support amount but are still considered part of the child support obligation. While basic support is intended to cover expenses such as shelter, food, clothing, and other basic living expenses, the add-ons cover other costs often associated with raising a child.

Child Support in Interstate Cases

Families in Westchester County may sometimes face child support issues that go beyond standard calculations, especially when parents live in different states. These situations can introduce questions about which court has jurisdiction, how New York law interacts with other states’ laws, and the correct procedure for enforcing or modifying out-of-state support orders. 

If you are dealing with an interstate child support matter, it often involves the Uniform Interstate Family Support Act (UIFSA), which New York courts—including those in White Plains, Yonkers, and New Rochelle—use to determine the proper venue and enforce support obligations. 

We can also assist families who face unique challenges, such as a child's changing educational or medical needs that require orders to be revisited. In these cases, a Westchester County Child Support Attorney can play a vital role in protecting your interests and clarifying your rights under both state and federal law.

When Can Child Support Guidelines Be Deviated From in Westchester County?

The child support amount ordered may be different from the guideline amount. 

Parents may agree, or the court may order a different child support based on several factors, including:

• Financial resources
• Health and well-being
• Standard of living
• Tax considerations
• Visitation expenses
• Extraordinary needs of the child
• Other children

How Child Support Orders Are Enforced?

When a parent fails to pay court-ordered child support in New York, the custodial parent can seek enforcement through powerful administrative or judicial remedies. We manage both tracks, ensuring prompt payment and compliance.

These actions are executed by the Support Collection Unit (SCU) and are highly effective for seizing assets:

• Income Execution (Wage Garnishment): The SCU can order the Payor's employer to deduct current support plus arrears directly from their paycheck.
• Tax Refund Intercept: State and federal income tax refunds (and lottery winnings) can be seized and applied toward past-due support.
• License Suspension/Denial: The state may suspend the Payor's driver's license (for four months of arrears) and deny or revoke their passport (for arrears over $2,500).
• Credit Reporting & Seizure: Arrears over $1,000 are reported to credit bureaus, and liquid assets like bank accounts can be frozen and seized to satisfy the debt.

Additionally, we can file a Support Violation Petition to seek judicial intervention.

Can Child Support Orders Be Modified?

Child support orders will often need to be updated and modified. A significant change in one parent's income allows a parent to petition the court to adjust the child support amount. This often happens when there is a change in employment, but it can be affected by other financial changes as well, such as involuntary job loss, a significant medical expense for the child, or one of the statutory triggers (a 15% income change or three years elapsed since the last order).

We act immediately when circumstances change, as modifications are generally not retroactive to a date before the filing of the petition.

Why Choose Riebling & Payton, PLLC?

Choosing the right attorney is crucial to achieving a favorable outcome in your child support case. 

Here’s why Riebling & Payton, PLLC is the best choice for your legal needs:

• Experienced New York Child Support Attorneys: Our lawyers have extensive experience in family law and a deep understanding of New York child support laws.
• Personalized Attention: We provide individualized attention to each client, ensuring that your unique needs and concerns are addressed.
• Strong Advocacy: We are dedicated advocates who fight tirelessly to protect your rights and ensure the best interests of your child.
• Compassionate Support: Our Westchester County child support lawyers understand the emotional challenges you are facing and provide compassionate support throughout the legal process.

If you are involved in a child support matter in the Westchester Family Courts located in White Plains, New Rochelle, or Yonkers, you should have an experienced and proven family law attorney on your side. Speak to an experienced Westchester County child support attorney by calling (914) 712-6878 or filling out this online form.