by Robert E. Hornberger, Esq | Apr 2, 2019
Is a Home Paternity Test Legally Admissible in Court?
When the issue of paternity comes up in a family law situation, it’s important to understand the different types of paternity tests available and which ones are, and are not, legally admissible in a Long Island courtroom. Home paternity tests, in particular, are becoming more affordable, leaving many people wondering if they can use a home paternity test in a family law case. Here’s what you need to know about the admissibility of home paternity tests and other types of paternity tests that may be available to you. (more…)
by Robert E. Hornberger, Esq | Dec 11, 2018
Should Child Support Payments Be Made in Shared Custody?
A shared child custody agreement on Long Island is basically a 50/50 share of parenting time with the child(ren). In this case it might seem fair and appropriate that the parents should also share 50% of all expenses, but in New York, that is not the way it works. Even in shared child custody arrangements, one parent is deemed the non-custodial parent and that parent is the one who is ordered to pay child support regardless of the amount of time they spend with the child(ren). (more…)
by Robert E. Hornberger, Esq | Aug 14, 2018
What’s the Difference Between Getting Child Support in Family Court or Supreme Court on Long Island
After many years working with countless Long Island parents on the issue of Child Support, I’ve seen the same dilemma many times over. The parents are in the middle of their divorce, or, are contemplating beginning their divorce and the residential parent is not receiving Child Support from the non-residential parent. It’s been an extended length of time, and now resources are running low for the residential parent. He or she feels that there is no other option, but to file for child support. If the parties are in the middle of a divorce, they are already before a Supreme Court judge. However, when dealing with child support specifically, Family Court is usually the faster route. Notwithstanding, there are some risks associated with filing for child support in Family Court during the pendency of your Divorce on Long Island. (more…)
by Robert E. Hornberger, Esq | May 22, 2018
How To Collect Current or Overdue Child Support on Long Island
How Do I Collect Current or Overdue Child Support?
Long Island parents on are required by law to support their children. Unfortunately, some custodial parents are frustrated by the fact that they have not been able to receive Child Support from the noncustodial parent. In many Long Island Family Court cases, the services of the Child Support Enforcement Bureau (CSEB) then become necessary. However, there are many parents who do not know of the CSEB, or, do not know why they are an important part of many Family Court cases. (more…)
by Robert E. Hornberger, Esq | Apr 24, 2018
Child Support & College Expenses on Long Island
Long Island Child Support Agreements have been trending toward inclusion of college tuition and expenses. For many Long Islanders, college can figure greatly into child support agreements. Many parents want to ensure that their children’s education is provided for, regardless of the relationship between the parents.
Basic Child Support Calculations for Long Island (more…)
by Robert E. Hornberger, Esq | Oct 24, 2017
As a Long Island, NY Family Law Attorney with years of experience in this field, issues of child custody and child support come into our law firm constantly. Countless people come into our offices concerned that, for any number of reasons, they will not receive the court-ordered child support from the other parent of their child. The following article will explain the rules of Child Support on Long Island and how you can ensure you receive your court-ordered child support.
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by Robert E. Hornberger, Esq | Sep 5, 2017
In last week’s post, I discussed the rising concern among fathers (and mothers) with establishing Paternity that I see as an experienced Long Island Family Law Attorney and the legal issues involved. This week we’ll discuss the rights and responsibilities that come once paternity is established.
Frequently Asked Questions Once Paternity has Been Established
Once you’ve established paternity you have the legal status of a child’s father. Many men ask me what this really means to them. They ask questions like, What are my obligations? What are the benefits that come along with being a legal father? Some men are very concerned that the obligations that come along with being a father will have a harsh impact on their day-to-day lives, however, for most men, the obligations that come along with being a father are far outweighed by the joys of fatherhood. If you find that the obligations, specifically the financial expectations now placed upon you, are having a negative impact in your life, please know, these financial obligations will end. Support obligations have a finite end date in the eyes of Nassau County and Suffolk County courts in New York State.
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by Robert E. Hornberger, Esq | Aug 29, 2017
Long Island Family Law Attorney: How to Establish Paternity
As a Family Law Attorney practicing on Long Island for many years, I have seen an increasing concern with the issue of paternity, or establishing the identity of the father of those children over the past several years.
Having a child can be one of the most rewarding experiences in a man’s life. For many men, however, things often become difficult when it’s no longer possible to have a relationship with the child’s mother. They then have to face and deal with legal matters like child custody, visitation, and child support, in addition to potentially dealing with the divorce or separation itself.
Paternity testing can be an important issue in many family law cases, however, it’s often overlooked as more pressing matters come to the forefront of the case. Below are some important paternity testing tips for Long Island fathers and how to get the experienced legal help you need in a paternity case.
40% of Children Born in U.S. are to Unwed Mothers
Did you know that, according to the Centers for Disease Control and Prevention (CDC), 40.5 percent of all babies born in the U.S. in 2020 were born to unwed mothers? While this percentage has increased only 0.5% since 2015, establishing paternity is still a large issue for many Americans, and Long Islanders.
What is Paternity?
by Robert E. Hornberger, Esq | Aug 22, 2017
As a Long Island Family Law Attorney I know divorcing or divorce couples have many questions about how much they will have to pay or will receive in child support payments. Divorce and Child Support on Long Island is governed by New York state law. Under New York law, every parent has an obligation to provide financially for his or her children. This obligation continues even after parents are split up or divorced. It is often set forth in the form of court-ordered child support. Although there is a statutory formula used to determine the amount of child support that must be paid, there are factors that a court can consider in order to deviate from that formula amount. The following is a discussion of some of those factors that might be considered.
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by Robert E. Hornberger, Esq | Aug 29, 2016
Who Must Pay Child Support on Long Island?
On Long Island, both parents have a legal responsibility to financially support their child. The parent with whom the child lives is known as the “custodial parent”. The parent who does not live with the child is known as a “non-custodial parent”. A non-custodial parent must provide financial assistance for the support of his or her child even though he or she does not live with the child. This is true even in cases where a child spends equal time with both parents. In such cases, if the non-custodial parent is the higher earning parent, he or she may have an obligation to pay child support to the custodial parent for the care of the child.
How is the Amount of Child Support Determined?
Long Island courts are governed by New York state law, which uses a formula to determine the child support obligation. That formula is generally as follows:
- 17% of the parent’s gross income for 1 child
- 25% of the parent’s gross income for 2 children
- 29% of the parent’s gross income for 3 children
- 31% of the parent’s gross income for 4 children
- 35% or more of the parent’s gross income for 5 children
Some non-custodial parents are also responsible for covering a certain percentage of medical, educational, and child care expenses. This percentage will be determined based upon the income of the non-custodial parent. Usually these costs are split up proportionally based upon how much each parent earns.
What If I Have Other Children & Cannot Afford This?
In some circumstances, where a non-custodial parent has to pay child support to two or more different custodial parents as a result of having children in two or more other relationships, that non-custodial parent may be able to argue that he or she cannot afford to pay the set percentage in these circumstances. For example, if a man fathers two children, each by different mothers, he would have to pay 17% of his income to one custodial parent for one child, and 17% of his income to the other custodial parent for the other child. The father may be able to successfully argue that he cannot afford the burden of paying out this much, and the court may modify the formula.
Similarly, where a father is raising children in his own home and paying child support for a child who does not live with him, he may be able to successfully argue that he cannot care for the child in his custody because of his child support obligations to his other child.
When Does the Child Support Obligation Begin?
The obligation to pay court-ordered child support begins when the custodial parent files a petition in court.
Can I Modify a Child Support Order?
A child support order can be modified only if there is a significant change in circumstances. A significant change in circumstances usually means a large increase or a large decrease in income.
Can I Modify the Amount of Child Support Arrears I Owe?
In New York State, the amount of overdue child support cannot be modified. If you anticipate that you will fall behind on payments, it is best to speak to a lawyer on how to get a modification before that happens.
What About Cases Where Paternity Has Not Been Established?
In order for the child support obligation to take hold, there must be a legal parental relationship established between the parent and child. A father has a legal parental relationship with the child when paternity has been established. This can happen in several ways: the father signs an acknowledgment of paternity, the father is married to the child’s mother at the time the child is born, or a court issues an order after genetic testing has shown the individual is the father.
What if a Parent Gets Remarried?
The remarriage of a parent does not change the child support obligation of the legal parent to that child. In cases where there is a termination of parental rights leading up to step-parent adoption, however, there is a change in the legal child support obligations.
What if the Custodial Parent Refuses to Allow Me to Visit With My Child?
Visitation and child support are separate issues, and a custodial parent cannot violate a court’s order to allow visitation. It is best to seek recourse in the court, such as by having a visitation order enforced or simply by asking the court for a visitation order if you do not have one.
If the Non-Custodial Parent Refuses to Pay Child Support, Can I Prevent Him or Her from Seeing My Child?
As stated above, New York State treats visitation and child support as separate issues. If you are not getting the child support that is owed to you, you should seek the advice of an experienced Long Island child support lawyer or family law attorney to go through your options.
Contact an Experienced Long Island Child Support Lawyer or Family Law Attorney for a Free Consultation
If you have questions about your child support arrangement, you should speak to an experienced Long Island Child Support lawyer or Family Law attorney who can explain to you your rights and responsibilities. Our attorneys are experienced in all aspects of family law in New York State, and have helped many Long Island clients with their child support concerns. Contact us today at 631-923-1910 for a free consultation.
Check out our Divorce Guide for Dads for more information about divorce issues specifically related to fathers.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer, Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
