Brooklyn Child Support Attorneys
Get Effective Counsel from Our Family Law Lawyers
Divorce or separation can be challenging, both emotionally and financially. One of the most important factors to consider is how your divorce will affect your children. Most likely one of your top priorities is ensuring that your children do not suffer because of your divorce. For this reason, it is crucial that you get an experienced Brooklyn family law lawyer on your side to ensure their best interests are put first. Coffinas & Lusthaus, P.C. has been helping parents with their child support issues for over 50 years combined.
Our main focus is to help you negotiate and litigate fair child support payments. We thoroughly understand the New York State guidelines for calculating support, know where the wiggle room is, and do everything we can so the court gets complete and accurate financial data to arrive at the amount most favorable to our client. When fairness requires us to object or appeal a decision, we have every confidence on making the best case to support our client's rights.
How is child support calculated in New York?
Child support is formula based up to a joint income cap which increases every couple of years. If you or your spouse want the court to exceed the income cap, or if the formula yields a result that is unjust or inappropriate, Coffinas & Lusthaus PC has successfully persuaded the court, on behalf of our clients, to deviate from the presumptively correct amount of support under the child support guidelines for the following reasons pursuant to DRL §240(B-1)(F) or where the combined parental income exceeds the cap:
(1) The financial resources of the custodial and non-custodial parent, and those of the child;
(2) The physical and emotional health of the child and his/her special needs and aptitudes;
(3) The standard of living the child would have enjoyed had the marriage or the household not been dissolved;
(4) The tax consequences to the parties;
(5) The non-monetary contributions that the parents will make toward the care and well-being of the child;
(6) The educational needs of either parent;
(7) The determination that the gross income of one parent is substantially less than the other parent’s gross income;
(8) The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support have not been deducted from income pursuant to [DRL 240 (1-b)(5)(vii)(D)], and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;
(9) Provided the children are not on public assistance, (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent’s expenses are substantially reduced as a result thereof; and
(10) Other factors relevant in each case.
Each parent will have to disclose their finances for review to each other, as well as the court. If you believe that your spouse has presented inaccurate or fraudulent information, our firm will work with you to uncover the truth.
Child Support Attorneys Negotiating Fair Settlement Agreements
Often, parties are able to negotiate child support as part of their overall divorce settlement agreement. The couple can present the signed agreement to the court in an uncontested divorce. As long as the amount of child support equals the presumptively correct amount of support under the state child support guidelines, or as long as the reason for deviation is well established, the court will usually approve that portion of the settlement.
Our family law lawyers are thoroughly familiar with the New York child support guidelines and can effectively negotiate a settlement that has a good chance of gaining court approval and lets you move on with your life. We intentionally limit our caseloads so that we can provide personalized support to all clients.
Call Coffinas & Lusthaus, P.C. today at (718) 717-1005.