Family Lawyers
Child Support
Child support is a legal obligation of both parents to contribute financially to the care, maintenance, and upbringing of their children. In New York, child support is calculated using the Child Support Standards Act (CSSA), a formula-based approach designed to ensure children receive adequate financial support from both parents. Nadia Moynihan represents paying parents seeking to minimize excessive support obligations and custodial parents seeking to enforce support orders or obtain adequate support for their children. Whether you are establishing child support for the first time, modifying an existing order, or enforcing a non-paying parent's obligations, Nadia provides aggressive, informed representation to protect your family's financial interests.
New York's Child Support Standards Act establishes that child support is calculated as a percentage of the combined parental income up to a statutory cap. As of 2024, the percentages are 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children. However, income above the cap can be considered in the support calculation, and various adjustments apply, deductions for other children, health insurance costs, work-related childcare, and other factors. Additionally, courts have discretion to deviate from the statutory formula when appropriate, particularly when the formula would be unjust or inappropriate. Nadia ensures that child support is calculated accurately, that all relevant income is considered, and that your financial situation is presented fairly to the court.
Child Support Calculation & Establishment
Nadia accurately calculates child support obligations under New York's CSSA formula, ensuring all income is properly reported and all deductions and adjustments are correctly applied. She reviews financial documents, tax returns, and pay stubs to ensure that support is calculated fairly. For paying parents, she presents evidence of income limitations or financial hardship; for custodial parents, she ensures no income is hidden.
Modification of Support Orders
When circumstances change, a parent's income decreases, increases, or job is lost; custody arrangements change; or a child ages out of support, Nadia files modification petitions to adjust support accordingly. She demonstrates substantial and material change in circumstances and negotiates new support amounts that reflect current financial realities.
Enforcement of Child Support Orders
If a parent is not paying court-ordered child support, Nadia pursues enforcement through the Albany Family Court and New York State's child support enforcement agency. She files violation petitions, seeks wage garnishments, freezes assets, and pursues other remedies to ensure obligated parents pay the support their children are owed.
Why Choose Nadia for Child Support
Mastery of NY's Child Support Formula
The CSSA calculation is deceptively complex. What appears to be a straightforward percentage calculation often involves nuanced questions about income definition, deductions, adjustments, and deviations from the formula. Nadia's deep knowledge of the statute, regulations, and case law ensures that child support is calculated correctly and that all of your financial circumstances are accurately represented to the court.
Effective Enforcement & Collection Strategies
Nadia has extensive experience enforcing child support orders against non-paying parents. She uses wage garnishments, liens, asset freezes, contempt proceedings, and other enforcement tools available under New York law. She also coordinates with the Office of Child Support Enforcement to leverage state and federal collection mechanisms.
Protection of Your Financial Interests
Whether you are paying support or receiving it, Nadia ensures that support amounts are fair, sustainable, and consistent with New York law. For paying parents, she minimizes unreasonable obligations; for custodial parents, she ensures children receive the financial support they need. Families throughout the Capital Region rely on her advocacy.
Common Questions
Frequently Asked Questions About Child Support
New York uses the Child Support Standards Act (CSSA), which calculates support as a percentage of the combined parental income up to a cap (indexed annually; currently around $170,000). The percentage varies: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. Income above the cap can be considered. Various deductions apply for other children, health insurance, and childcare costs. Courts can deviate from the formula when appropriate.
Income includes wages, salary, commissions, bonuses, rental income, investment income, business income, workers' compensation, unemployment benefits, disability benefits, and other forms of earnings. It can also include income from new spouse or partner in certain circumstances. Income does not typically include public assistance or supplemental security income.
Yes, when there has been a substantial and material change in circumstances. Examples include significant income changes, custody modifications, changes in childcare or health insurance costs, or additional children born to either parent. Nadia will evaluate your circumstances and advise whether a modification is likely to succeed.
Non-payment of child support is a serious matter. The court can use wage garnishment, place liens on property, suspend driving privileges, hold the obligor in contempt (potentially resulting in jail time), and refer the matter to the New York State child support enforcement agency. Nadia can pursue any or all of these remedies to enforce collection.
Child support generally terminates when the child reaches age 21. However, if the child is still in high school, support continues until graduation or age 21, whichever is later. Support can also terminate early if the child becomes emancipated, or continue longer if the child has a disability.
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Get in Touch
Speak With a Child Support Attorney Today
Contact Nadia Moynihan, Esq. to discuss child support matters. Whether establishing, modifying, or enforcing support, she advocates effectively for families in the Capital Region.
Ready When You Are
Speak With a Child Support Attorney Today
Contact Nadia Moynihan, Esq. to discuss child support matters. Whether establishing, modifying, or enforcing support, she advocates effectively for families in the Capital Region.
423 Loudon Rd, Albany, NY 12211 · Mon to Fri, 8 AM to 5 PM