Child Support Help from Albany Lawyers/Attorneys
As a parent, your first concern is the health and well-being of your child and that means you must protect your child financially. Often, child support determinations can become more complicated and difficult to resolve than custody agreements. Whether you are looking to collect child support or you are concerned about your support obligations, we are here to help you understand your rights and help you navigate this often – complex area of the law.
Child support determinations are based on statutory law, known as the Child Support Standards Act. The Child Support Standards Act requires the non-custodial parent to pay basic child support to the custodial parent and for each parent to pay their pro-rata shares of certain add-ons. Those add-ons include health insurance, uninsured health expenses, child-care and education.
When parents have equal parenting time and there is no “custodial parent” so the Court must determine who the monied parent is. For support purposes, the monied-parent, or parent who earns more, is then considered the non-custodial parent for support calculation purposes and must pay support.
Despite this law being based largely on a numerical calculation, it is important that the other variables and factors are presented to the Court and assessed fairly. The Court considers factors such as:
- Each parent’s income and income ability
- Long-term disability, either of the child or a parent
- Special needs
- The child’s existing standard of living
- Any agreement that parents create
Other information that may be considered or required to show at court include accurate incomes of both parties, deductions and employment expenses.
At your initial consultation we will review the support formula with you and give you an overview of your rights and obligations.
Modification of Child Support
Unless you have opted out, you can modify your child support every three years, upon either parent’s income changing by 15% or upon the showing of a substantial change in circumstances.
A substantial change in circumstances can include circumstances such as:
- Loss of employment
- Illness or disability of the paying parent
- A change in the child’s medical needs
- A change in the child’s place of residence
- Emancipation of child
- A change in the child’s needs, such as a child attending college
The attorneys at Rhoades Cunningham & McFadden, PLLC are well-versed in child support and it is important to have skilled attorneys advise you of your rights and options and advocate for you.
Several Testimonials From Our Clients…
“Karen Rhoades is an exceptional divorce attorney and I would highly recommend her services to anyone in need of them. She and her team were incredibly professional and they did a great job of explaining and facilitating the process. Karen meets you wherever you are to explain your options and present you with ideas based upon her knowledge and experience. My divorce was more amicable than many and Karen did a terrific job respecting the mediation process I was using. Divorce is never easy, but Karen takes what can be a complicated process and creates a streamlined one. Karen and her co-workers are easy to talk with and are always looking out for your best interest.”
“Regarding attorney John McFadden: Exceptional lawyer, was able to successfully get me out of some trouble I never imagined could have happened. Highly recommended!”
“I had a complicated and emotional legal matter with my ex. John [McFadden] was there every step of the way fighting for my rights. I am glad I had John on my side.”
“I felt my divorce would go on forever before I hired Attorney Rhoades. She was incredibly professional, returned my calls and emails promptly and always explained my case and my options to me in detail. In the long run I was able to get everything I was asking for and more! Karen was always prepared, was a strong advocate and always spoke with knowledge about my case. Thank you so much Karen for the great job you did!! You’re professionalism, courteous attitude and willingness to fight for my rights should not go unnoticed!!”
“Professional, focused, knowledgeable and trustworthy”
“After calling several attorneys in the area for advice, I found Mr. McFadden and received a free consultation and his fee was very reasonable. he is very knowledgeable on the laws and rights of people charged with drug offenses.”
“Dan Cunningham my divorce two years ago. He did a great job and I refer him to all my friends. This firm is the best!”
“My experience with Karen [Rhoades] was exceptional. I was going through a pretty tough time in my life when I contacted her office and her knowledge and experience in the law was like a breath of fresh air during this rough time. I would recommend her to anyone with a legal problem.”
“I can’t say enough about this firm. They were thoroughly professional, knowledgeable and lead me through a tough divorce. Highly recommended.”