Manhattan child support lawyer Richard Roman Shum of the Law Office of Richard Roman Shum, Esq has recently published an in-depth article discussing child support laws in New York. The article provides valuable insights into how child support is calculated, what it covers, and the legal responsibilities of both custodial and non-custodial parents.
The Manhattan child support lawyer emphasizes the importance of understanding the Child Support Standards Act (CSSA), which provides a framework for determining child support payments. “In New York, child support is designed to ensure that children continue to have access to the resources they need to thrive, even after their parents separate,” Shum explains. “The law takes into account the income and circumstances of both parents to create a fair and just support order.”
The article outlines the CSSA’s methodology for calculating child support. This includes determining combined parental income, applying relevant percentages based on the number of children involved, and assigning payment responsibilities proportionately between parents. The Manhattan child support lawyer emphasizes that this calculation ensures fairness by accounting for income disparities between the custodial and non-custodial parents.
“The CSSA provides a clear guideline, but parents can agree to deviate from these standards if they provide sufficient justification and if the agreement serves the child’s best interests,” Richard Roman Shum explains.
The article also addresses temporary child support orders, which courts may issue to ensure that a child’s needs are met while the divorce or custody case is ongoing. These temporary orders can later be adjusted to reflect the final child support agreement or order.
Shum notes, “Temporary child support orders are crucial in maintaining stability for children during what is often a challenging time. The court’s priority is always the well-being of the child.”
One of the more complex topics covered in the article is the concept of imputed income. This occurs when a parent’s actual reported income does not reflect their true earning potential, either because they are voluntarily unemployed or underemployed. The court may assign an income level based on the parent’s employment history, education, or assets to prevent attempts to reduce child support obligations in bad faith.
“The imputed income provision ensures accountability,” Shum explains. “Parents cannot evade their financial responsibilities by intentionally lowering their income. The court will investigate and make decisions that uphold the child’s right to support.”
The article details the circumstances under which a child support order can be modified. Significant changes in a parent’s financial situation — such as a job loss, medical condition, or a substantial raise — may warrant an adjustment. Similarly, changes in custody arrangements could result in a shift in financial responsibilities.
Shum emphasizes, “Child support orders are not set in stone. They are designed to adapt to the changing needs of the child and the financial realities of the parents. However, modifications require evidence and court approval.”
The article also addresses the legal consequences for parents who fail to meet their child support obligations. Courts have the authority to enforce orders through measures such as wage garnishment, property liens, or even passport and license suspensions. In extreme cases, non-payment can lead to criminal penalties.
Understanding New York child support laws can be overwhelming, particularly for parents going through a divorce or custody battle. The article encourages parents to seek legal guidance to protect their rights and ensure that their child’s needs are met.
About the Law Office of Richard Roman Shum, Esq:
The Law Office of Richard Roman Shum, Esq, serves families throughout Manhattan, providing legal services in child support, custody, and other family law matters. Led by Richard Roman Shum, the firm is committed to guiding clients through the complexities of New York family law with a focus on achieving fair and practical outcomes. Whether addressing child support calculations or resolving disputes, the firm works to protect the interests of both parents and children.
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