Child support lawyers NYC

 

Collecting child support and enforcing your child support rights are important steps in ensuring that your child’s needs are met. If a non-custodial parent is not paying child support, it is important that the problem is dealt with quickly and appropriately.

Collecting Child Support in New York

Collecting child support in New York is a process that every custodial parent must go through. The court does not make provisions for paying child support unless the parents agree to share the costs and, in many instances, a New York state does not even have enough funds to cover the cost of providing child support payments for non-custodial parents. It is important for you to realize that collection of these monies is a serious matter and should not be taken lightly. The first step to collecting child support in New York is to file the initial request for an order with the courts.

After receiving your initial order for collecting child support, you will then be assigned an attorney who will work diligently on your behalf to achieve the best possible outcome for you and your children. If you are having difficulty collecting child support, it may be to your benefit to work with an experienced legal aid service who can represent you while you begin the court process. This will give you the best chance of obtaining the amount of support you need and working with your custodial parent to establish a reasonable arrangement for you to pay. In some cases, the court may order a weekly income check for you so that you do not have to worry about providing over-the-counter cash payments to your custodial parent.

Another option for collecting child support in New York is to attempt to work out an amicable agreement between you and your non-custodial parent. Often, if the custodial parent is willing to try and work with the non-custodial parent, they might be willing to agree to a trial withholding of some of the funding. This can keep the non-custodial parent from directly contributing any of their funds to support for your child. You would be required to appear before a judge and provide solid documentation of why the withholding is necessary and how this will affect the welfare of your child or children.

New York Child Support Lawyer

New York Child Support Laws vary from state to state and can be difficult for the non-custodial parent to understand. The law was enacted in the courts as part of the family code and is part of family law. According to the New York State Constitution, “the court may order any child or children of the dependent to the other parent, or any parent or children of the dependent to the other parent, of either or both degrees.” In some circumstances, the court may order joint-care, depending on the individual circumstances of each case.

Most of all, the new York state child support laws attempt to prevent an upward modification of the child support obligation by preventing the oblige from deducting payments or increasing the amount of payments during the term of the agreement. This prevents parents from taking advantage of the non-custodial parent’s ignorance about the exact rules that govern the obligation. The oblige is allowed a certain amount of “downward modification” in New York if the custodial parent does not meet the required financial obligations as described in the parenting plan. A downward modification can result in the decrease of the amount of child support paid, an increase in the amount of child care costs, or a combination of the two.

If you are involved in a New York child support case and require help with determining whether or not you qualify for a downward modification of your obligation, you should seek out the advice and representation of a New York child support lawyer. Not only will a lawyer be able to tell you what is likely to happen in your situation, but they will also be able to give you the necessary advice to make your best financial decisions and reduce your child support payments. If you are unable to work out a payment plan with your custodial parent that you both agree upon, you may be able to get a court order that requires the non-custodial parent to pay you a portion of your New York child support payments. Having a lawyer on your side is a wise choice that can save you thousands of dollars and hours of time spent negotiating for an arrangement that is right for you.

SAMPLE VERDICTS AND SETTLEMENTS

 

  • $5,500,000 settlement during trial for parochial school students who were exposed to teacher with Tuberculosis
  • $4,000,000 settlement for construction worker who sustained bilateral ankle fractures requiring open reduction and internal fixation
  • $3,825,000 settlement for wife and children of September 11 World Trade Center victim whose remains were never recovered (pro bono representation)
  • $3,800,000 settlement in medical malpractice action for brain-damaged baby with cerebral palsy and seizures resulting from oxygen deprivation to and water on the brain at birth
  • $3,500,000 settlement for three sisters who were sexually abused by another foster child in the foster home after being placed in foster care by the city of New York
  • $2,400,000 settlement after trial and appeal for union electrician who sustained partial amputations to fingers on both hands when 800 pound spool of cable broke free while being lowered down stairs with make-shift rope pulley — expanded the coverage of Section 240(1) of the Labor Law to include “force of gravity on objects” in addition to falling worker/falling object cases
  • $2,225,000 settlement for pedestrian struck by motor vehicle resulting in 26-day coma, skull fracture, traumatic brain injury, numerous fractures and impaired cognitive and perceptive functions
  • $1,800,000 settlement for construction worker who fell from scaffold and fractured forearm and wrist requiring 3 surgeries and internal fixations
  • $1,700,000 settlement for construction worker who fell off ladder and required spinal surgery with internal fixation that failed
  • $1,450,000 settlement for construction worker who fell through unprotected skylight on roof sustaining arm and leg fractures
  • $1,240,000 settlement for 18- year old as the result of medical malpractice in failing to diagnose cancer
  • $1,000,000 settlement for construction worker who fell down debris-filled staircase at construction site with no handrail resulting in neck surgery, back and hip injuries
  • $1,000,000 settlement for passenger in motor vehicle that was rear-ended resulting in spinal surgery with fusion and internal fixation
  • $950,000 settlement for passenger on interstate bus involved in a collision resulting in traumatic brain injury
  • $875,000 settlement for children of mother who died as a result of failure to diagnose and treat Crohn’s Disease 
  • $745,000 settlement for motorcyclist struck by NYPD vehicle resulting in hip and ankle fractures, both of which required open reduction and internal fixation 
  • $700,000 settlement for pedestrian who slipped and fell on sidewalk that was not properly shoveled/treated after ice and snow storm resulting in severely comminuted and displaced right arm fracture requiring open reduction and internal fixation and additional surgeries 
  • $500,000 settlement for tenant of apartment building who tripped and fell while descending stairs that had just been mopped resulting in fractured left shoulder and multiple surgeries
  • $500,000 settlement for home healthcare worker who tripped and fell due to mis-leveled elevator resulting in closed head injury, impaired cognitive functions, neck, shoulder and back injuries 
  • $390,000 settlement for passenger in Police Department van that ran red light and struck another vehicle resulting in injuries to neck, back and shoulder 
  • $350,000 settlement for motorist who sustained injuries to neck, back and shoulder when tree fell on his vehicle 
  • $275,000 settlement for pedestrian who tripped and fell on raised sidewalk flag resulting in tri-malleolar fracture of ankle requiring open reduction and internal fixation 
  • $260,000 settlement for pedestrian who was thrown to the ground by unrestrained dog and sustained fracture to hip which required surgical pinning and fracture to spine 
  • $250,000 settlement for commuter who tripped and fell on defective step on staircase in Penn Station resulting in multiple shoulder tears requiring surgical intervention and fractured rib 
  • $240,000 settlement for pedestrian crossing street who was struck in crosswalk by turning bus resulting in crush injuries and fractures to her hand 
  • $225,000 settlement for bystander who was assaulted by police officers and detained without being arrested who sustained injuries to his face, hand and legs