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Long Island Child Support Attorneys
Ensure your child's financial security with our expert guidance. Our dedicated team navigates complex cases, securing fair and equitable support arrangements. Trust us to champion your family's well-being and financial stability.
The Basics of Child Support
The law directs that both parents shall be financially responsible for their children. Picarello & Saciolo, PLLC. will work with you to try to get the appropriate amount of child support needed to support your children.
Child support in New York is governed by the Child Support Standards Act (known as the CSSA or simply “the guidelines”) and is found in both the Domestic Relations Law 240 Section 1-b and Family Court Act 413. The DRL is used for actions in the Supreme Court, and the FCA applies proceedings in family court.
Basic child support is calculated in a two-step process:
- Support based on the first $183,000 of combined parental income
- Support based on the combined parental income of over $183,000.
In addition to the basic child support, DRL 240 requires that certain mandatory add-ons be included in all child support orders, such as unreimbursed medical expenses and day care expenses.
Failure to pay child support is a crime, and there are remedies for collecting on delinquent support. Child support arrears are also NOT dischargeable in bankruptcy.
Sometimes the courts will need to deviate from the guidelines and it is wise to have an attorney on your side to guide you through this complex issue.
Child Support Resources
Please note that the following income levels that affect the amount of a child support obligation have been updated on 3/1/2024:
- Combined parental income amount: $183,000
- Self-support reserve: $20,331
- Poverty income guidelines amount (single person): $15,060
Determine Income for Both Parents DRL § 240 1-b
Mandatory Income
DRL 240 1-b(b)(5) requires that the following be included as mandatory income:
- Gross (total) income should have been or should be reported in the most recent federal income tax return. DRL 240 1-b(b)(5)(i)
- Investment income reduced by sums expended in connection with such investment. DRL 240 1-b(b)(5)(ii)
- To the extent not provided by DRL 240 1-b(b)(5)(i) or (ii), additional income from the following: workers’ compensation, disability benefits, unemployment insurance benefits, social security benefits, veterans benefits, pensions and retirement benefits, fellowships and stipends, annuity payments. DRL 240 1-b(b)(5)(iii).
Additional Income
Under DRL 240 1-b(b)(5)(iv), the court has the discretion to add the following as additional income:
- Non-income producing assets
- Meals, lodging, memberships, automobiles, or other perquisites that are provided as part of the compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or indirectly confer personal economic benefits
- Fringe benefits provided as part of the compensation for employment, and
- Money, goods, or services provided by relatives and friends.
Under DRL 240 1-b(b)(5)(vi) if not already included in gross income, the court can also add the following:
- Any depreciation deduction greater than depreciation calculated on a straight-line basis for the purpose of determining business income or investment credits, and
- Entertainment and travel allowances deducted from business income to the extent said allowances reduce personal expenditures.
Imputed Income
If the court determines that a parent has reduced income in order to avoid their child support obligation, the court may impute additional income to the parent based on their former resources or income. See DRL 240 1-b(b)(5)(v).
This process can be overwhelming for some people. Please contact one of our experienced attorneys to help you understand and ensure that you are either paying or receiving the proper amount of child support.
