Child Support Attorneys in White Plains, NY 

“Add-on” expenses include all other children’s expenses. There are statutory and non-statutory add-ons. By law, parents are required to contribute to the medical and child care of their children. In general, a court will look at the children’s historical add-ons to determine what other expenses the noncustodial parent must pay for, such as private school or extracurricular activities. 

Our team at Nolletti Law Group PLLC understands how to take into account a couple’s marital lifestyle when negotiating child support, especially in cases involving high-net-worth individuals. We can strategically focus on presenting financial evidence to demonstrate the amount needed to maintain the children's accustomed lifestyle and protect your family’s interests. 

Duration of Child Support in New York

New York Law requires that child support be paid until a child reaches the age of twenty-one or is otherwise emancipated through marriage, enrollment in the military, or full-time employment. If a child is enrolled in full-time college away from the custodial parent’s residence, and the payor of child support is contributing to college room and board in addition to the regular support payments, then the payor may be entitled to a credit for their monetary contributions towards those expenses.

If you have questions about when child support obligations end, especially in complex circumstances, we can provide tailored guidance. Additionally, we can offer strategic counsel on the various enforcement remedies available when a parent fails or refuses to pay.

Determining Child Support Without Divorce Litigation in New York

It is possible to negotiate a child support agreement without going to court. Parents may be able to negotiate a mutually acceptable support determination through mediation or collaborative law. This allows control to stay with the parents and avoids the uncertainty of what a judge might decide in litigation. 

However, any custom child support arrangement must meet certain conditions. A valid agreement must explicitly state the CSSA amount that would otherwise apply in the case, acknowledge the parents' awareness of it, and provide clear reasons why the negotiated amount deviates from the statutory guidelines, if applicable. A judge must ultimately review and approve this agreement to give it full legal enforceability. The court acts to protect the child's right to support and may reject agreements that significantly fall short of the guidelines without good cause.

If you maintain an amicable or cooperative relationship with your former spouse, determining your own child support terms may be possible and can help you avoid contentious litigation. Our attorneys can help negotiate a mutually acceptable arrangement and draft an agreement that meets all legal requirements.

Modifications to Child Support in New York

New York law permits modifying an existing child support order only under specific conditions. A substantial change in circumstances must warrant the change. Additionally, either three years must have passed since the previous order or there must have been at least a 15% change in either parent’s gross income. 

For high-net-worth cases, the court typically scrutinizes the substantial change standard, especially when a parent's financial situation involves complex assets, business income, or investments. This may require a forensic accounting review to accurately determine the true income that factors into the CSSA calculation. A parent seeking a modification in these complex financial scenarios must clearly document that the change, such as a significant shift in the child's needs or the actual availability of funds from complex assets, was unforeseen at the time of the original order, effectively demonstrating that the current support amount is unjust or inappropriate.

When a paying parent claims a reduction in income, particularly from a business or complex investment structure, the court requires persuasive evidence that the decrease was involuntary and that the parent has actively sought commensurate employment. Navigating these complex financial disclosures and legal standards means a high-net-worth parent needs experienced counsel to present the modification request with the precise documentation and legal arguments necessary for a favorable ruling. 

Our child support attorneys can help you pursue a modification when the applicable conditions are met. We can also help defend against unwarranted changes.

Our team recognizes what is at stake in child support disputes and can fight to protect your family’s best interests. Call (914) 768-2902 or contact us online today.