Suffolk County Child Support and Spousal Maintenance Lawyer

Child support and spousal maintenance attorney in Suffolk County

Support cases are about numbers, but the numbers depend on facts: what each parent really earns, what counts as income, which expenses are shared, and whether the formula should be followed at all. Beau Taylor Law, PLLC represents parents and spouses on both sides of support and maintenance cases in Suffolk County Family Court and Supreme Court, including initial petitions, modifications, and enforcement.

How child support is calculated in New York

New York uses the Child Support Standards Act (CSSA). The court combines both parents' incomes, applies a percentage based on the number of children (17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and at least 35 percent for five or more), and allocates the result between the parents in proportion to their incomes, up to a statutory income cap that is adjusted periodically. Above the cap the court has discretion. The noncustodial parent pays his or her share to the custodial parent.

On top of basic support, the court can order each parent to pay a proportional share of add on expenses:

• Child care needed for work or education
• Unreimbursed medical, dental, and therapy costs
• Health insurance premiums for the child
• Educational expenses, including college in appropriate cases
• Extracurricular activities and camp, by agreement or court order

The formula is the starting point, not the end. Income can be imputed to a parent who is underemployed or paid in cash. The court can deviate from the formula when the result would be unjust. Getting the inputs right is where representation makes a measurable difference.

Spousal maintenance (alimony)

New York calls alimony "maintenance." Temporary maintenance during a divorce and post divorce maintenance are both calculated under statutory formulas that consider each spouse's income up to an income cap, with the court able to adjust the result based on factors such as the length of the marriage, age and health, earning capacity, and the standard of living during the marriage. The statute also provides an advisory schedule for how long maintenance should last based on the length of the marriage.

Maintenance is often the most negotiated issue in a Suffolk County divorce. The firm models the formula at the consultation so you know the realistic range before negotiations begin.

Modification of support

A child support order can be modified when there has been a substantial change in circumstances, when three years have passed since the order, or when either parent's income has changed by 15 percent or more, unless the parties opted out of those last two grounds in an agreement. Job loss, a new child, a change in custody, or a significant raise are common reasons to seek a modification. Support does not change on its own. Until the court modifies the order, arrears continue to accrue.

Enforcement and arrears

When a parent does not pay, the Support Collection Unit and the court have powerful tools: income execution, tax refund intercepts, license suspension, and contempt. The firm pursues enforcement for custodial parents and defends payors who have fallen behind for legitimate reasons and need a realistic path forward.

Paternity

Support obligations for unmarried parents begin with establishing paternity, either by an acknowledgment of parentage or by a court order after DNA testing. The firm handles paternity petitions and the support and custody issues that follow.