Child Support Payments are based on the principle that a child has the right to be supported by both parents.
“Excellent, Trustworthy, Results Oriented…Stacey has been my lawyer for approximately 5 years during which time she has handled every child support / custody issue that has arisen between me and my ex (and there have been several). I have found her temperament to be very calming during stressful court appearances, a definite plus! Stacey has a vast degree of experience dealing with matters related to Family Law. When I must go to court I do so with confidence knowing that she has my best interests at heart and that she will handle my case with the utmost professionalism. I have yet to leave the courtroom feeling dissatisfied with the outcome. I would strongly recommend Stacey to anyone in need of a great Family Law attorney.”~Family Law Client
There are no “do-overs” in Child Support Court, if you handle child support yourself and don’t like the results.
The only modifications that count are ones approved by the Court. Even notarized agreement between the parties often do not hold up in Court.
Which parent pays child support and which one receives it, is determined by the child custody arrangements and the income of the parents. New York State has certain Child Support Guidelines that apply a formula to determine the amount of child support paid, these guidelines are based on the Child Support Standards Act. Child support can include expenses such as health insurance, un-reimbursed medical expenses, child care, extracurricular activities, and even college education.
Deviations to the Child Support Guidelines:
The basis for the deviation pursuant to Domestic Relations Law Section 240(f) are the financial resources of the custodial and non-custodial parent, and those of the child; the physical and emotional health of the child and his/her special needs and aptitudes; the standard of living the child would have enjoyed had the marriage or household not been dissolved; the tax consequences to the parties; the non-monetary contributions that the parents will make toward the care and well-being of the child.
Modifications to current Child Support Orders:
Sometimes, after an Order has been put in place by the Court, circumstances change and a modification to the Order becomes desirable. Perhaps parents have a significant change in income, or the child(ren) spend different amounts of time with the parents compared to when the Order was put into place.
Stacey O’Neill Balduf, Esq. has more than 27 years of experience in New York Child Support cases in Syracuse, Oswego, Madison and Cayuga Counties. She has a detailed knowledge of the child support guidelines and how the court uses then to ensure that children of separation or divorce are cared for. Deviation can often be achieved if negotiated properly.
See:
https://childsupport.ny.gov/dcse/child_support_standards.html