Long Island Child Custody Lawyer

Child Custody & Support Frequently Asked Questions

How is child support calculated?
The CSSA (Child Support Standards Act) provides that children are entitled to support until they reach 21 years of age or are emancipated. Marriage and permanent residence away from the residence of the custodial parent are events that may trigger emancipation and there are many other events that may be indicative of emancipation that will need to be discussed with a Long Island child support attorney.

Presently, Child Support is determined by the combined parental income of the parents up to $80,000 (beginning January, 2010, the same calculation will apply up to $130,000) by the appropriate child support percentage (17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children). Where the parental income exceeds $80,000 ($130,000 beginning January, 2010), the court has the discretion to make an award based on this additional income by considering factors such as the financial resources of the parents; the standard of living that the children would have enjoyed had the marriage not been dissolved; the special needs of the children; the educational needs of the children; the non-monetary contributions that the parents make towards their children; whether there is a significant disparity of income between the parents.  Contact my Long Island law office to discuss your rights and entitlements with respect to these calculations.

Will marital fault have an impact on child custody or support?
Marital fault will not typically impact a custody case; however, there are instances in which it may. Conspicuously bad or offensive conduct may impact certain financial aspects of your case, and it is important to note that your degree of marital fault could affect your ability to obtain physical and/or legal custody of your children. If one parent ridicules the other parent in the presence of the children, causing emotional and/or physical harm to the children as a result, the parent may be deemed unfit to be the custodial parent by the courts. If one parent is unable to communicate with the other parent in an amicable way about issues pertaining to the child's health or educational and religious instruction, they may relinquish their right to joint decision-making.

How can I prevent the custodial spouse from relocating our children to a different state or restrict the distance from which my children reside from me?
Your lawyer should have negotiated a radius clause to restrict the distance from which the custodial parent may reside with your children from that of the non-custodial parent's residence if your case was settled by agreement. If the case was not settled by agreement, the custodial parent must petition the court before he or she can relocate the children out of state. In determining whether to permit the custodial parent to relocate the parties' children out of state, the court must look at whether it is in the "child's best interest." In addition, the court will weigh the impact of the move on the child which will focus on the decreased parenting time with the non-custodial parent, the effect of the child's educational needs, social and family relationships. If the court determines that the custodial parent is relocating for the exclusive purpose of frustrating the non-custodial parent's parental access schedule with his or her children, then the relocation would be denied. 

Regardless of whether you want to relocate or are attempting to prevent a relocation, it is important to act quickly because the failure to seek the court's intervention in a timely way can lead to a waiver of important rights.

If a custodial parent wants to relocate his or her children out of state because of remarriage or better employment opportunities, they must show that it is in the best interests of the children as well as the custodial parent.

Contact Long Island Child Custody Lawyer Jay D. Raxenberg today with your specific questions about child custody & child support in Nassau, Suffolk, or Queens. Call Toll Free at 1(888) 543-4867!