Child Support FAQ

As my New York divorce takes shape, how will my child support responsibilities be figured, generally?

Child support payments in our state are predicated on income-based calculations, a percentage of total income in the home that can provide for necessities of life. Add-ons such as health insurance, contribution toward uninsured medical expenses and day care costs are also part of child support. Contributions toward college expenses may be ordered in some cases.

The company that employs me is experiencing difficulties. If I lose my job, is it possible to adjust my child support payments until I am employed again?

Any sudden, substantial change of circumstance, such as a loss of income as the result of a loss of a job, because of injury or illness, or termination of employment because of a reduction in work force will be a reason to request a support modification.

And if I'm left without income for a lengthy period of time?

Even though you may not be working, sources of income could include workers' compensation received, a fellowship, grant or stipend, annuity payment or pension. Benefit amounts from unemployment checks, Social Security Disability, VA or retirement benefits will qualify as income for child support purposes.

What happens if a payor overlooks or ignores his or her financial obligations after a divorce?

As your lawyer, I can petition the court for what's called an "enforcement," which compels the noncustodial parent to pay what's owed or face serious consequences. You may also be entitled to request a finding for contempt under certain circumstances.

How long will I be paying support?

Child support is typically paid through a child's 21st birthday. However, there are certain circumstances that may result in the court determining that a child is emanicipated and no longer entitled to support before the child reaches the age of 21.

Do I have to accept the court's determination? What if my former spouse and I reached an agreement on support?

Provided the agreement is fair, reasonable and not unconscionable, the court will accept your agreement and make it an order.

What is the advantage of having a divorce attorney represent me after a divorce is concluded? Isn't a lawyer's work already done when the divorce is finalized?

NChild access and child support issues frequently come up after a divorce is finalized. Life events can change things, and cause us to adapt to new challenges. I am accessible to answer questions that address a wide range of concerns as part of our working relationship.

All the facts about post-divorce expectations are waiting for you right now at our Buffalo law offices. To speak with me, Linda M. DiPasquale, in a confidential initial consultation, call today: 716-800-2591. All email messages are responded to in a timely manner.

Linda M. DiPasquale, Attorney at Law, has provided honest, compassionate counsel for Buffalo and Niagara region families in transition for more than 30 years.