Child support is the assistance provided to the custodial parent by the non-custodial parent to take care of a child's basic needs, including housing expenses, clothing, food, health insurance, medical expenses, child care, education and other items related to the cost of raising a child. According to New York law, the non- custodial parent must provide financial assistance to the custodial parent for a child up to the age of 21 unless the child is emancipated by being married, in the military or supporting themselves. The Child Support Standards Act is the statute which contains the formula to be applied to determine the appropriate amount of child support to be paid.
If you are a parent seeking advice about child support in New York City, Long Island or Westchester, you can get information concerning your rights by speaking with an experienced attorney at the law offices of Geffner Kersch. Both mothers and fathers often have difficulties understanding support laws and what they should pay or how much they are entitled to receive. Our attorneys we will evaluate your case with you and achieve the best outcome.
Child custody is one of the most difficult issues to settle when parents end their relationship. Our experienced New York divorce and family law attorneys provide counsel, resources, and representation to secure an initial custody determination, change of custody, or new custody arrangement following a relocation by one parent. If you are looking for a cost-effective alternative to litigation, we have attorneys who are specially trained in divorce mediation and can help you reach a child custody agreement without involving a judge.
If a settlement cannot be reached, initial custody determinations are made by the courts. Seeking the best interests of the child, judges take into consideration several factors, some of which are:
- Parents' lifestyles and their ability to provide for their children
- Relationships between parents and children and how much children are encouraged to interact with the other parent
- Parents' physical and mental health and their ability to provide a stable environment
- Whether siblings would be separated
- The child's preference (usually if the child is at least 12 years old)
- History of domestic abuse and/or substance abuse Child custody issues are among the most heart wrenching legal battles you can face. Every parent knows what it is to want to protect and care for their child. In New York, there are a number of reasons why parents need to change the initial custody determination. Issues might be as simple as a change in the parent's work schedule or 6as complex as neglect and abuse of a child.
A family separation can be stressful. This is particularly true when children are involved. Child custody issues need to be worked out with both parents. When one parent wants to leave Manhattan, Long Island or any part of the tri-state area, the initial custody determination may need to be revisited. In that case, it is vital to have a caring attorney on your side. The right lawyer can help any loving parent make sure that any proposed change of custody is done with their children's interests in mind.
Geffner Kersch, Attorneys at Law, understand the paramount importance of a child custody case to the entire family. The best route is for parents to discuss the situation and reach an amicable agreement that works for all parties. In some cases, such as drug addiction or the inability for parents to get along, communication can be broken. We realize how traumatic these situations can be for your family. We offer intricate knowledge of family law to counsel you on the best approach to not only win your case, but build a better, more stable future for your family. If you're in need of an attorney in Long Island, Westchester or the five boroughs of New York City, contact Geffner Kersch Attorneys at Law today.
Often in the case of divorce and Family Court support proceedings, one party is ordered to pay either spousal support or child support. If you find yourself in a situation where you are not receiving the support you were granted, you will need legal help to secure the arrears and enforce the agreement and/or order. In this situation, having a knowledgeable and aggressive attorney on your side is important. We will work tirelessly to ensure that any current or overdue spousal or child support is collected. Some of the remedies available in New York State to collect support are:
- Income deduction order/garnishment of wages through income
- Income tax refund interception
- Driver license suspension
- Recreational license suspension
- Liens on property, personal injury claims or awards
After you enter into an agreement and/or are directed to pay support, there are circumstances which may occur that result in your inability to pay your support obligation. In this situation, you will need representation to help secure a downward modification of support. At Geffner Kersch we will work tirelessly to advocate on your behalf to ensure you get or receive the relief you need.
Whether you are looking for an increase of support or a reduction in support, there are laws that the attorneys at Geffner Kersch can use to protect your rights. Some reasons support may change are a substantial change in circumstances (e.g. disability, loss of employment), a 15% increase or decrease in income, or the passage of 3 years since the support order was issued.
The attorneys at Geffner Kersch serve the greater New York City area, which includes all five boroughs in addition to all of Long Island and Westchester counties.