CHILD SUPPORT ARTICLES / By Paul Matthews
Child support cases can be tricky and complicated. They can also be quite expensive, as they often require extensive legal research and pretrial discovery. In high-income cases, parties may even have to be deposed, which can further increase legal fees and the overall cost of representation. Hiring child support attorneys who specialize in these matters can be essential, as they bring both expertise and understanding to the table. If you have a child support case, particularly one coinciding with a divorce, you might need to hire an affordable child support lawyer experienced in handling these cases. However, finding such experienced attorneys who also offer affordable services is often challenging, especially in the present economic environment where pretty much everything has become so expensive.
Finding an affordable child support lawyer can be particularly difficult here in NYC, especially when working within a tight budget. However, obtaining legal assistance may be crucial in navigating these complex matters. Engaging with child support attorneys, who have access to valuable resources, could be a vital step in understanding your rights and the payment structures involved. This is especially true given the intertwining of various laws and regulations that affect child support proceedings. In the Family Court, child support cases are presided over by support magistrates, and either party can challenge the magistrate’s final orders by submitting written objections. These are decided by a Family Court judge. Parties who are dissatisfied with the orders of the Judge can appeal, but appeals are typically even more expensive, as they require paying for all the transcripts, and doing a ton of legal research and writing.
Importance Of Preparation
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Except in the simplest cases, it is almost always essential to be represented by an experienced attorney who is very familiar with the intricacies of New York Child Support Law. The right legal assistance, equipped with knowledge of relevant laws, can make a significant difference in the outcome of your case. Your legal team will guide you through your rights and ensure that any payment disputes are resolved in a manner that reflects your interests.
Child Support hearings may require legal research and usually involve a large number of documents. For this reason, preparation ahead of time is crucial. You must obtain all of the necessary and/or helpful documents, organize them, and also be ready to deal with objections to admissibility such as hearsay. Certified and delegated hospital records, certified government records, and documents such as tax returns, w-2 forms, and many other records may be helpful to your case, and may be admissible, but also may not be admissible—if the other side objects.
Be Honest About Your Income And Expenses
This is particularly true when you are the non-custodial parent. Judges and Support Magistrates are tired of seeing non-custodial parents trying to “get out” of paying child support, and your honesty will go a long way to assuring that you are treated fairly by the court. When you fill out your financial disclosure affidavit, do not exaggerate your expenses, and in particular, do not show that your expenses are greater than your income, unless you have substantial loans or other legitimate payment arrangements from banks or other legitimate lenders.
You are required to provide copies of your latest tax returns, your last two months of paystubs, and also documentation showing other income from any other source. If you have your own business, you should be prepared to submit documents that prove that any unusual expenses shown on your return are legitimate and were actually paid, reflecting your diligent financial habits as a responsible client. Consulting with child support attorneys for guidance can ensure accuracy and compliance. I have had clients who showed ridiculous amounts of expenses, which resulted in the net income from their ‘business” to be less than they would earn at a minimum wage job. I had one unsophisticated client that had his own business and when I asked him about certain items of expense he said he had no idea what these were, and just let his accountant make up numbers.
It may be necessary to subpoena witnesses to come to court, and you can also subpoena them to come to court and bring documents specified by the subpoena. It is possible to get documents into evidence which would otherwise be excluded as hearsay if they are brought to court by a witness from the organization or business (which could include a doctor or other medical professional) who can lay the proper foundation for the business record exception. Additionally, in cases involving dispute resolution or mediation practices, if you serve a subpoena for just documents, and include a special certification to be filled out by the custodian of the records or by a medical doctor, and you provide copies to the other side in sufficient time before the trial, these should also be allowed in evidence. The experience of handling subpoenas can be intricate, especially when a spouse is involved as a key witness, who might provide crucial testimony or documentation.
Initial Child Support Cases
If there has never been a child support order from any court, the court will have to determine first, who the child or children are living with, and second, if the case seeks child support from an alleged father, whether he is the legal father of the child or children. Parental responsibilities and rights are heavily scrutinized in this process. The termination of any existing legal agreements or responsibilities may also be considered during these proceedings.
Deviations From The Child Support Guidelines
Assuming that paternity is not an issue, the Magistrate will want to make sure that each side has provided the required documents which are listed on the summons to appear and which they are supposed to bring to court with them to the initial appearance. This could involve various stages of negotiation to ensure fair and just resolution. These documents typically include income tax returns, W-2 forms, pay stubs, and a sworn Financial Disclosure Affidavit. If the court has sufficient documents, and the case appears to be a simple one, it may suggest an amount for a final order, which would be based upon the child support guidelines. However, if negotiation efforts fail and the case is not simple or if either of the parties is not willing to agree to the magistrate’s suggestions, the magistrate will most often want to enter a temporary order, which will likely be based upon the guidelines.
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However, there are a multitude of special situations, including disputes that may have to be taken into account beyond the basic child support guidelines. Examples are overtime pay, part-time work, income from businesses, and child support orders in effect where the respondent has to pay child support for other children. Without a mediation agreement or consensus on the amount of an order, the Magistrate will usually set the case down for a hearing. However, if the respondent (the name given to the person who will end up paying the child support) is pro se and is not familiar with the procedures, the magistrate may just do the calculations and enter the order, and if no one objects, this order may be binding. The termination of proceedings could also be significantly influenced by the experience level of the respondents and their ability to articulate their financial circumstances accurately.
In most situations, it is very difficult to convince the court to deviate from the guidelines, even after negotiation efforts. If the non-custodial parent’s income is very low, i.e., below the Federal Poverty Level or the Self-Support Reserve, the amount of the order could be $50 or $25 a month. Cases involving combined incomes above the Cassano cap can be very complicated, as the court may base the formula on the amount of combined income only up to the Cassano cap amount, or it can base the order upon the total amount of combined income, or any amount in between. It is often hard to predict what a magistrate will do if the income is above the cap. It may depend on how high the income is, the former lifestyle of the parties if they were a couple, whether the child or children have any special needs, and a myriad of other possible factors related to parental responsibilities.
Child Support Modifications Cases
If there has been a prior final order for child support, and someone is now trying to change the amount of the order, this is called a modification case. It could either be an upward modification case or a downward modification case, often requiring detailed mediation efforts. It is typically difficult to win a downward modification case, as the court feels that the money is being taken away from the child or children, and they are suspicious of most explanations given for the reduced income of the respondent. A change in circumstances, such as the termination of employment or an adjustment in a spouse’s earnings, can influence the outcome of such cases.The respondent, who will frequently be made to jump through numerous hoops, may find beneficial advice by consulting a knowledgeable advocate. However, they often end up losing or being granted a temporary reduction which goes back to the original amount after a few months. The complexities of navigating the legal system can present problems, especially when trying to interpret the decisions made by the courts.
If the respondent claims he cannot work or can’t work full time because of a medical condition, the court will not just take his word, and typically will not accept doctor’s letters, even notarized letters from doctors. An advocate might advise the respondent to gather certified hospital records or convince the doctor to come to court to testify. Doctors cannot be forced to give expert opinions unless they are being paid for their services at whatever rate they would be asking for. You might think that if a respondent retires at age 65, this would be a sufficient basis for a downward modification, but it is not. If he is healthy, he is expected to work until the child or children reach the age of 21. If he is laid off, he is expected to look very diligently for a new job making comparable money.
Upward modification can be more interesting and unpredictable. In some jurisdictions, to get an upward modification, the custodial parent may have to show that her expenses for raising the child or children have gone up. However, other jurisdictions do not add this requirement. What complicates this issue is a change in the statute which mandates a new hearing if the income of either of the parties has gone up or down by a certain percentage or if 3 years have passed since the last final support order. At the state level, this can vary, and seeking professional advice from an advocate can clarify the complexities of these statutory changes.
Discovery In Support Cases
Discovery is, to my knowledge, universally allowed in Child Support cases and is routine in high net worth and high-income cases. The most frequent vehicles for discovery are discovery demands (for documents), interrogatories (written questions which must be answered under oath), and depositions, which involve both parties and any witnesses they expect to call at trial being questioned at a lawyer’s office, sometimes for many hours, under oath. Conducting discovery, responding to discovery, and fighting discovery by motion practice and/or court appearances can significantly add to the cost of the case. In high net worth cases, you will frequently see lawyers, and sometimes teams of lawyers, wheeling stacks of documents to and from court.
If You Lose The Hearing
For cases decided by Support Magistrates, if either party is dissatisfied with the order, they can file objections within 30 days. The objections are sent to a Family Court Judge. If either party is dissatisfied with the Judge’s decision, they have 30 days to file a notice of appeal, which will give them the right to challenge the order in appellate court. An experienced advocate can provide invaluable guidance throughout this process to navigate the complex problems that can arise.
Objections must be properly served on the other party and do not require any specific format, but should cite facts that were brought out during the hearing, and reasons why the decision was in error. Sometimes it is helpful or even necessary to cite statutes and cases in your objections, or in a written response to objections. Thorough advice from a seasoned advocate can be crucial at this stage to ensure all legal elements are appropriately addressed in the intricate state court systems.
If either party is dissatisfied with the Judge’s decision, they have 30 days to file a notice of appeal, which will give them the right to challenge the order in appellate court. This deadline is strictly enforced, and timely advice can be critical to meeting such legal requirements within the framework of the state court system.