Child Support

Child Support Lawyer Serving Long Island, NY

Child support is far from a straightforward process. It is much more than merely how the child’s basic necessities will be paid for. There might be child care, educational and medical expenses that need to be addressed. The non-custodial parent might have a cash based business or work off the books. And of course there are collection and modification issues. Don’t be overwhelmed. Make the call and the Law Offices of Steven Gildin, located in Queens, NY will help you understand the entire process and provide the support you need during this trying time.

How Much?

When facing a separation or divorce, a common thought is, “how much child support am I going to have to pay?” or “how much child support will I receive?” Although the applicable statute calls for a rather long and convoluted calculation to determine the amount of child support, there is an easy, shortcut formula that will quickly get you a close estimate.

Here it is:

Gross Income of the Parent That Will Be Paying
Minus FICA (social security and Medicare taxes)
Minus City Taxes (if any, i.e.: New York City)
Equals Net Income For Child Support Purposes of the Parent That Will Be Paying
Times 17% If There is One Child – or –
Times 25% If There are Two Children – or –
Times 29% If There are Three Children – or –
Times 31% If There are Four Children
Equals the Amount of Child Support to Be Paid

Of course, it becomes complicated when one cannot easily determine what the gross income of the parent who will be paying is (under-employed, unnecessarily unemployed, self-employed, paid all or partially off the books).

Also, technically the law only requires child support to be set on the first $130,000 of combined parental income, but unless the joint income is very substantial, it will typically not change on the excess income.

What Does That Child Support Payment Cover?

The above initial calculation is to cover basics – food, clothing and shelter

Are There Additional Payments?

Yes. These are called “add-ons”. Mandatory “add-ons” include child care and unreimbursed health expenses. Discretionary “add-ons” include private school, activities and summer camp.

Generally, “add-ons” are paid in proportion to both parent’s joint income contribution. For example, if one parent earns $30,000 and the other earns $60,000, then the “add-ons” will be paid 1/3 – 2/3.

Can The Amount Paid Change?

Until October of 2010, once child support was set, it was nearly impossible to change to either a lower or higher amount. But since October of 2010, this was done away with and now it is quite easy to alter the amount paid. If three (3) years have transpired since the last Child Support Order was issued by the Court, then one is entitled to a recalculation. Also, if the income of either the parent paying the support or receiving the support has changed by at least fifteen percent (15%) since the last Child Support Order was issued by the Court, then one is also entitled to a recalculation, regardless of how much time has elapsed.

But remember, nothing can be altered without the Court issuing a new Order. So if you want a change, it is your responsibility to go back to Court.

Is The Person Who Receives The Money Forced to Spend It In A Particular Way?

No. Although the money is intended to be used for the welfare of the child, the Court has no power to dictate how it is spent.

What If The Child Doesn’t Need The Money?

Let’s say the child is a successful actor, making oodles of money. Yes, the law still requires you to pay child support out of your salary.

Let’s say the parent receiving the child support has tons of money of their own. Yes, the law still requires you to pay child support out of your salary.

Let’s say the parent paying the support is on Social Security Disability and by receiving such benefits the child themselves also receives their own monthly check from the Federal Government? Yes, the law still requires you to pay child support out of the monthly benefit check that you receive.

* The above are just some broad guidelines to give you a better understanding of the issue of child support and cannot be construed as exacting legal advice. You should fill out the contact form on this website and come in for an in office meeting for a full analysis.

Client Testimonial

Today was my first hearing with Steven and prior to today I’ve heard nothing but bad stories from single fathers in custody hearings. Steven assured me with utmost confidence from our first conversation that I had a strong case and today he showed me that his word was true. I couldn’t sleep or eat before todays hearing but after today I feel 10x better. It may be a long road ahead but with Steven and his team by my side I’m confident in whatever obstacles may come my way! Thank you!

L.W.

Exceptional!! I can’t say enough about Steven Gildin and his amazing staff. They are both patient and professional and truly committed to the people they are representing. I’m a single mom With a complex case and children with special needs. When I spoke with Steven he was patient and understanding a true specialist in his field. He was able to dissect the Immediate major issues and create a long term solution. With so many moving parts and safety issues he quickly put my mind at ease. I trust Steven Gildin with my family and because of him and His meticulous detailed strategies I see light at the end of this very long dark road.If you’re reading this review as I have when I begin my search… Do not hesitate you are in the best hands.

M.D.

Mr. Gildin and his team are extraordinary! Professional, compassionate, efficient and dedicated. Always going the extra mile making sure I was ok during this difficult process. Helped me with my divorce in 2018 and now helping me in a new case. Highly recommended.

C.L.

Before I worked with Steven, I had a terrible experience. He has been so thorough and readily available throughout my whole case. I couldn’t ask for a better attorney and would recommend him to anyone I know because he is compassionate and will work very hard and make sure you’re comfortable during the whole court process.

M.B.

After a long search I found Mr. Gildin. He was very attentive and listened to our situation at hand. He was swift and very dedicated. He is everything I would imagine a Lawyer should be. He’s kind, friendly, and makes you feel at ease. Very knowledgeable and professional. Thank you for taking our case seriously, you’re definitely the best.

M.C.P.

Steve has been a blessing to me and my daughter ! He has been so easy to work with . The best pet of him is that he doesn’t lie and is honest with everything . He has help me and my family so much . If your looking for someone that is on point 24/7 please call him ! He has a heart of gold !

V.F.

Steven Gildin’s law expertise is unsurpassed! I had retained him, on a quite difficult and unusual emergency basis. Within five minutes of my message retrieved, his call back was instant! He is beyond educated in the law field and quite brilliant on his response and actions! He is no doubt a God sent! Nothing but praise for this unique and over the top Lawyer! His kindness, compassion and empathy, go beyond the scope of practice. People come into your life for a reason. Steven Gildin is a blessing.☺ ☺ I’ve never been happier! We all make choices in life. I’ve made the right one, in hiring Steven Gildin!

A.A.

Steven was referred to me by a dear friend who saw that I needed a knowledgeable advocate in my family court case. He answered when I called him at 8 p.m. He has since been an incredible source of reassurance and expertise. I hired him to be my voice in a case against one of the worst bullies of my life. I can't express how much appreciate Steven's work and attention to the concerns of the client. He is honest about the possibilities, experienced with the Court, and respectful of not wasting time. I highly recommend him!

L.P.

I hired Mr Gildin for a child support and custody case, he has been absolutely amazing! Always reassuring and honest, giving counsel when I would become so upset, he always remained calm but becoming aggressive in court when need be , he has gone above and beyond on my case, I’m extremely happy with my out comes and would highly recommend.

D.M.

Steven Gildin is more than just a lawyer. He is an amazing human being who puts people first. If you have a legal issue that you need resolved you can trust Mr. Gildin to fight for you. Don't go anywhere else.

R.J.

Mr Gildin, was an awesome attorney, he made me feel comfortable Throughout the whole divorce process, he fought for everything I wanted and he is very determined and aggressive and that is what i wanted in my corner at a time like this, I recommend him to anyone who needs help in their divorce, because he gets the job done.