Child Support and Custody Cases in Family Court – A Complete Guide
When dealing with child custody and child support cases in family court, knowing your legal rights and legal obligations is necessary. At The Law Offices of Shawn R. Kassman, we have professional legal guidance for parents in Suffolk County, Nassau County, and Long Island. Whether you want to get custody, create child support, or change an existing child support or custody order, we can help you navigate the legal process.
Know Your Child Custody Options
There are two primary classifications of child custody in New York:
- Legal Custody: The right to make significant decisions concerning the child’s education, health care, and general welfare.
- Physical Custody: Determines where the child will live and which parent will provide day-to-day care.
Custody can be awarded as follows:
- Sole Custody: One parent has both legal and physical custody.
- Joint Custody: Both parents share legal custody, and physical custody arrangements vary.
- Shared Custody: The child spends significant time with both parents.
The Law Offices of Shawn R. Kassman is the source of professional representation for people in Suffolk County and Nassau County, and surrounding areas such as Bayshore, Oakdale, Sayville, Riverhead, Port Jefferson, Brentwood, and Holtsville who are facing Child Support and Custody Cases in Family Court. We are situated in the heart of Central Islip, so we can best help clients with the complexity of Child Support and Custody Cases.
Factors Considered in Custody Cases
When determining custody, family courts prioritize the best interests of the child, which include:
- The child’s age and emotional needs
- Each parent’s ability to provide a stable home
- The mental and physical health of both parents
- History of domestic violence or substance abuse
- The child’s preference (if they are of a suitable age to express it)
If the parents cannot reach a custody agreement, the court may appoint a guardian to represent the child’s interests.
Child Support: Who is Responsible for Child Support?
The non-custodial parent typically pays child support to the custodial parent. The amount depends on the parent’s income and the number of children involved.
How is Child Support Calculated?
New York State uses a formula to calculate child support obligations:
- 17% of the total income of both parents for one child
- 25% for two children
- 29% for three children
- 31% for four children
- No less than 35% of five or more children
Other elements, including health care, education, and child care, are also considered in child support.
Modification of Child Support Orders
Life circumstances change, and the child support order can be changed if a person’s income changes substantially or when there is a change in employment status, etc. The parent may request a modification by petitioning the court if the following occurs:
- The income changes (increase or decrease)
- There has been a substantial change in the child’s needs
- Custody orders have changed
Child Support Order Enforcement
The serious consequences of not paying child support include wage garnishment, driver’s license suspension, and even jail time. If the non-custodial parent is not fulfilling their obligations, the custodial parent can seek enforcement through the court.
How The Law Offices of Shawn R. Kassman Can Help?
At The Law Offices of Shawn R. Kassman, we are experienced with child support and custody in Suffolk County, Nassau County, and Long Island. Our legal team will stand up for your rights as a parent by ensuring fair child support calculations, representing you in custody hearings, helping you modify existing orders, and enforcing current ones.
Dealing with family court can be highly stressful, and an experienced lawyer does make the difference. Our support is not a one-size-fits-all affair but customized explicitly to every client’s circumstances to ensure an excellent outcome for you and your child.
Need Legal Assistance? Contact Us Today! 631-232-9479, Email: info@centralisliplawyer.com
Whether you’re dealing with, Child Support Disputes, Visitation Proceedings, Wills Trust and Estates Law, Uncontested Divorce, Criminal Law, Divorce, Family Law, Estate Administration, Real Estate Law, Traffic Tickets, Real Estate & Landlord Tenant Law, Traffic Violations, DWI / DUI – Driving While Intoxicated, Driving With Suspended License issues, or need expert legal guidance throughout Suffolk County and Nassau County, the Law Office of Shawn Kassman is here to help. Visit us at: 83 Carleton Ave., Central Islip, NY 11722