by Robert E. Hornberger, Esq | Jul 23, 2013
On June 28, 2013, the Supreme Court, Appellate Division, Fourth Department made an interesting decision in regard to child support and the noncustodial parent that has implications for Divorce cases in Nassau County and Suffolk County Courts on Long Island, NY. In Leonard v. Leonard, the trial court granted the parents shared physical custody and the father sole legal custody. Also, under the trial court decision, the mother was responsible for paying child support to the husband, although he actually had a far more significant income than the mother. The mother appealed the entire decision, but the Appellate Division only ruled on the issue of child support.
It is typical for the noncustodial parent to pay child support to the custodial parent, where the custodial parent is usually the parent with whom the child spends most of his or her time. However, in Leonard, the father had sole legal custody, not sole physical custody and each parent spent an equal amount of time with the children. In the appeal, the court found that because both parents shared equal time with the children that the father should be viewed as the noncustodial parent, but only as it related to child support, stating: “It is well settled that in shared residency arrangements, where neither parent has the children for a majority of the time, the party with the higher income is deemed to be the noncustodial parent for purposes of child support.” Leonard v. Leonard, 2013 WL 3242643 at *1.
The father tried to argue that the above reasoning was based on cases where parents held joint legal custody, and that they did not apply because he had sole legal custody of the children. The court found that having sole legal custody does not increase the financial burden placed on the custodial parent when both parents share physical custody equally. Moreover, the court found that because there was already a significant gap between the incomes earned by both parents, that ordering the mother to pay child support would only increase this disparity. Based on the income of each parent, the equal amount of time the parents spent with the children, and in an effort to maintain a more equal standard of living for the children, the court held that for the purpose of child support the father was the noncustodial parent and is responsible for paying child support.
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The Long Island Divorce Attorneys at Robert E. Hornberger, P.C. are dedicated to keeping current on the latest rulings with respect to divorce and Child Support in Nassau County and Suffolk County courts and how those rulings can affect their clients. Call us at 631-923-1910 or fill out the short form on this page and we will be happy to demonstrate how we can help you during a free consultation.
by Robert E. Hornberger, Esq | Apr 11, 2013
Your Child Support on Long Island Questions Answered
As a Divorce Attorney on Long Island, I regularly counsel clients on issues of Child Support and Child Custody in both Nassau and Suffolk Counties.
Long Island Family Courts, under the jurisdiction of New York State law, have ruled that children are entitled to proper child support from their parents, even if the parents aren’t living together. In New York State, the standard passed by law requires a minimum amount of money paid to the custodial parent based on the gross annual income of both parties. The breakdown is then multiplied by the following percentages:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- No less than 35% for five or more children
The basic child support obligation is then divided proportionately between the parents, based on their respective incomes. In order to make sure the custodial parent gets paid promptly, child support orders that payments be immediately withheld from the wages or other income of the obligated parent, unless there is some other type of agreement between the parties.
If a parent doesn’t pay, there are different punishments that can be implemented, including suspension of the parent’s driver’s license, an intercept of a tax return or lottery winning of $600 or more, and of course, obtaining a money judgment in court. In other circumstances, the state can freeze the obligated parent’s bank account, IRA, or other financial assets to seize the amount owed. As a final resort, they can also send the parent to jail if they believe no other type of enforcement would be effective.
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If you have any questions regarding Child Support or Child Custody on Long Island, give us a call at 631-923-1910. The divorce law office of Robert E. Hornberger, P.C. will be pleased to offer you a free complimentary consultation to discuss your Child Support or any other divorce or family law issues.
by Robert E. Hornberger, Esq | Jun 2, 2015
As an experienced divorce lawyer on Long Island, I often have to deal with issues of paternity in Nassau County and Suffolk County cases of child support, custody and visitation when a child is born out of wedlock.
While the parents of children born out of wedlock love them just the same as if they had been born within the legal definition of a marriage, they are not treated the same under New York State law when it comes to child support or child custody. Under the Family Court Act, the parents of a child born out of wedlock are responsible for the support of that child. However, the father of a child born out of wedlock is not financially responsible for that child, nor does he have any rights to custody or visitation of that child, without an Acknowledgement of Paternity or an Order of Filiation.
What is an Acknowledgement of Paternity?
An Acknowledgement of Paternity is a useful document in instances in which both parents agree that the individual seeking to be named the father of a child born out of wedlock is in fact the father of that child. This form, which is generally completed at the hospital upon the child’s birth, contains the full names of the child, the mother and the father, as well as the father’s date of birth and social security number. In order to avoid the potential for fraud, this form must be signed and notarized by both parents, in addition to being witnessed by two (2) uninterested, and unrelated, adult individuals. Once this form is properly completed, the custodial parent will have the right to receive child support on behalf of the child from the non-custodial parent, and the non-custodial parent will have the right to enjoy parenting time with the child away from the residence of the custodial parent. Naturally, this form should not be filled out if either party has any doubt as to who the father of the child is.
Can the Family Court in Nassau County or Suffolk County Assist Me?
In the event either party refuses or is otherwise unwilling to sign an acknowledgement of paternity, the party seeking to establish paternity may file a petition in Nassau County or Suffolk County Family Court. In the event the mother of the subject child is the recipient of public assistance, the Department of Social Services is permitted to commence such an action.
Once in the Nassau County or Suffolk County Family Court on a paternity petition, the mother, the child and the alleged father will be ordered to take a genetic marker, or DNA, test. If the tests indicate there is a ninety-five percent (95%) or greater probability of paternity, a rebuttable presumption of paternity shall be established. In the event the child’s mother or the alleged father wishes to challenge this presumption, it is their burden to disprove paternity. If not disproven, paternity is established.
These types of actions can be commenced from the time the mother becomes pregnant until the child attains the age of twenty-one (21) years.
What if My Child’s Mother was Married to Someone Else at the Time of Our Child’s Birth?
In New York, there is a rebuttable presumption that a child born to a married woman is the child of the marriage. Unfortunately, this presumption does not always ring true of the facts and circumstances surrounding the birth of a child. In such an instance, if either the mother or alleged father challenges paternity, the woman’s husband must be named in the law suit. Thereafter, the parties have the same remedies available to them as set forth above: an acknowledgement of paternity or an order of filiation.
What Does This Mean for Me in Nassau County or Suffolk County?
If you reside in Nassau County or Suffolk County and you believe you are the father of an out of wedlock child, establishing paternity means you now have legal rights to your child. Moving forward with a divorce attorney, Long Island residents will be able to petition the Nassau County or Suffolk County Family Court for custody and visitation rights, and you will be given the option to contest any potential adoption of your child.
If you are the mother of an out of wedlock child, establishing paternity means you have the right to receive child support from the father. An individual cannot be ordered to pay child support on behalf of a child that he or she is not legally tied to.
Most importantly, the establishment of paternity plays a large role in the child’s life. Not only will the child now know he or she has two (2) loving parents, but the child will also be able to obtain both parents’ medical history, and have the potential ability to receive benefits under various federal and state laws on behalf of either parent.
Receive a Free Consultation from an Experienced Divorce Lawyer, Long Island’s Robert E. Hornberger, Esq.
If you have questions about the paternity of a child born out of wedlock, you should consult an experienced local divorce attorney to protect your and the child’s rights. Long Island’s Robert E. Hornberger, Esq., PC’s compassionate and experienced divorce attorneys can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you
Check out our Divorce Guide for Dads for more information about divorce issues specifically related to fathers.
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by Robert E. Hornberger, Esq | Jul 10, 2025
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