Child support is a crucial aspect of family law that ensures children’s well-being in cases of separation or divorce. In Manhattan, child support cases are heard in the Manhattan Family Court, located at 60 Lafayette St., New York, NY. In this article, we will discuss child support cases in Manhattan Family Court, including how child support is calculated, the definition of adjusted gross income, the Cassano income cap, and how child support cases are handled by support magistrates.
History and Statistics of Manhattan Family Court
The Manhattan Family Court was established in 1962, was origiinally located at 80 Centre St. In 1982, it moved to its current location at 60 Lafayette St, near Chinatown and Tribeca. The court handles cases related to family law, including child support, child custody, and divorce. In recent years, the court underwent renovation to modernize the facilities and enhance the court’s efficiency.
The renovation , which took many years to complete, was prompted by the fact that the outside of the building was constructed using interior marble, instead of exterior marble. The project, which took many years, was a complete renovation of both the exterior and interior. Prior to the renovation the courtroom seats were cheap plastic, and many court parts were tiny. Subsequent to the pandemic, sophisticated video conferencing was added to all the courtrooms.
The Manhattan Family Court is one of the busiest family courts in the country, with over 7,000 new cases filed annually. Of these cases, a large percentage involve child support. To handle this workload, the court has a large number of support magistrates who preside over child support cases.
Child Support Calculation
Child support is calculated using the Child Support Standards Act (CSSA), which is a formula-based system used to determine the amount of child support payments. The CSSA formula is based upon the paretnt’s adjusted gross income and the number of children involved. For example, the percentage is 17% of adjusted gross income for one child, 25% for two children, 29% for three children, and so on.
Adjusted Gross Income
Adjusted gross income is the starting point for calculating child support payments. It is the parent’s gross income, including wages, bonuses, and other sources of income, minus specific deductions such as social security taxes, Medicare taxes, and city tax. Pretty much all income received from any source is considred to be part of adjusted gross income, including dividends, interest, and rental income. State and Federal taxes are not deducted when calculating adjusted gross income.
Cassano Income Cap
The New York State legislature has enacted an income “cap” for child support purposes, which is referred to as the “Cassano Income Cap”. This cap sometimes limits the amount of income used to calculate child support. The cap is currently set at $154,000 of comined parental adjusted gross income, and increases every year.
Child Support Orders and Support Magistrates
In Manhattan Family Court, child support cases are handled by support magistrates who are appointed by the Chief Administrative Judge of the Courts. The support magistrate’s role is to conduct hearings, review evidence, and issue child support orders, usually based on the CSSA formula. Litigants who are dissatisfied with the support magistrate’s order may file objections within 30 days of the order’s issuance. The objections are then referred to a family court judge for review and final decision.
Child Support Lawyers and Representation
Parents involved in child support cases have the right to representation by an attorney. A child support lawyer can help clients understand their legal rights, provide guidance, and advocate for their interests. Child support lawyers in Manhattan are for the most part very experienced in handling child support cases and can help clients navigate the complex legal process. It is essential to choose an attorney who has the knowledge, resources, and experience necessary to achieve the best possible outcome for the client.
Modification of Child Support Orders
Child support orders may be modified if there is a substantial change in circumstances, such as a change in income, a change in the children’s needs, or a change in custody. Ty over a certain he actual legal standard for modification depends upon the year that the last child support was issued. The “new” statute allows modification petitions to be considered based upon change of income of either party of at least 15%, or the passage of 3 years’ time since the last order.
Child support orders may also sometimes be modified due to changes in the child’s needs, such as increased healthcare costs or educational expenses. Additionally, child support orders can be modified when a child turns 21, gets married, enlists in the military, or is otherwise emancipated.
Working with a Child Support Attorney in Manhattan Family Court
Navigating child support issues in Manhattan Family Court can be complex and emotionally charged. For this reason, it is recommended that parents seek the guidance of an experienced child support attorney to help them understand their rights and responsibilities and develop a sound legal strategy.
I have significant experience representing clients in a range of child support matters. I also take the time to understand each client’s unique situation and work closely with them to develop a legal strategy that aligns with their goals and priorities.
I also understand that child support cases can sometimes be sensitive and emotional, which is why I approach each case with sensitivity and care. I strive to provide my clients with guidance, support, and advocacy throughout the legal process, and work tirelessly to ensure the best possible outcome for their situation.
Child support cases in Manhattan Family Court involve complex legal and financial issues that can have a significant impact on parents and children alike. As a top-rated, affordable family law attorney practicing in New York City, our law firm is committed to helping parents navigate these challenging issues with compassion, skill, and expertise.
From calculating child support amounts to representing clients in court, we are here to provide the guidance, knowledge, and support that parents need to protect their interests and the well-being of their children. If you need assistance with a child support matter, we invite you to contact our law office today to schedule a consultation and learn more about how we can help.