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Spousal & Child Support Lawyer in Suffolk County

 Child SupportChild support is a legal obligation as both parents are responsible for the welfare of the child. In a divorce case, one parent is likely to obtain primary custody of the child or children of the marriage. A parent who obtains primary custody of the child(ren) is deemed to be the “custodial” parent. The other parent is deemed the “non-custodial” parent. Generally, the non-custodial parent is responsible for paying child support to the custodial parent in order to assist with the all of the child’s needs. Voluntary gifts, clothing, food, and transportation are not considered child support. A child support obligation may also arise in a situation where unmarried parents establish paternity of the child or children of the relationship.

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In New York, child support my be determined by either an out of Court agreement or as a result of a judgment from the Court. If the Court makes a judgment regarding child support, child support is based upon the Child Support Standards Act, which is a set calculation of both parents’ income and the number of children. If the parents choose to, they may reach an agreement outside of Court that deviates from the Child Support Standards Act guidelines in an amount that is greater or lesser than the amount to be paid pursuant to the Child Support Standards Act. However, such agreement may still be subject to approval from the Court.

It is imperative that any agreement made regarding child support be made in writing in order to protect both parties. There is specific language that must be included in these types of agreements in order for them to take effect. In the event that your spouse is not voluntarily paying child support under a child support order in place, our office can enforce the terms of the order through the Child Support Enforcement Bureau and the child support may also be directly deducted from the noncustodial parent’s paycheck each pay period.

If you have a child support order issued by the Court that is currently in effect, the order may be modified if there is a fifteen (15%) percent increase or decrease in the income of the non-custodial parent, if three (3) years have passed since the prior order went into effect, or if there is a substantial change in circumstances that would warrant a modification of child support. A modification of child support is not guaranteed and is based on the particular facts of the case. This is why you should consult with one of the experienced child support attorneys at our firm as we can prepare and file the appropriate child support petition on your behalf.

The Child Support Standards Act in New York calculates child support by taking the non-custodial parents’ gross income, minus deductions for social security and medicaid, and multiplying it by the percentage that applies which is based on the number of children from the relationship. The following are the applicable child support percentages pursuant to the Child Support Standards Act:

One child = 17%
Two children = 25%
Three children = 29%
Four children = 31%
Five or more children = At least 35%

Under New York State law, child support is paid from the non-custodial parent to the custodial parent until the youngest child becomes 21 years old. In some cases, the non-custodial parent continues to pay child support until the children become 22 years old if the children are still in college.

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The non-custodial parent is also obligated to pay for a proportional share of the child or children’s educational expenses, child care expenses, and health care expenses in addition to the basic child support obligation pursuant to the Child Support Standards Act. If a non-custodial parent fails to pay child support, the court may garnish his or her wages, put a lien on any property owned by the parent, or an income execution may be instituted by a Court Order or Judgment. Once a Judgment is obtained through the Court system, the amount owed continues to collect with a nine (9%) percent interest rate.


If you require assistance in the midst of a dispute regarding child support, are interested in creating a workable child support arrangement in or outside of Court, or need help with child support enforcement, one of our experienced New York Family Court attorneys can help. Call our office at (631) 493-0278 to set up a free consultation today.

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avvo-badgeAfter doing extensive research and my due diligence to find the right firm for me, Todd J Zimmer and Associates was 100% the right decision. I intially spoke with Todd who was sincere and sympathetic to my situation being I had a premature daughter and was heading into a custody battle. He said that his associate Stephanie Mathiesen would be representing me and assured me she is GREAT at what she does! I could write over and over praise for Stephanie, but for me the fact that my family and friends whom have stood by me during this difficult time have basically looked at Stephanie as a apart of my family instead of just being my lawyer. She has a passion and drive to do what is right for her clients, she has a amazing way of taking a hectic situation and pacifying it with out diminishing its seriousness. She has firey way about her and gets it DONE! She’s responds to all my emails and phone calls ASAP. All these stories and negative stigmas about attorneys are with out a doubt negated by Stephanie and the Zimmer Firm.

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avvo-badgeI can’t express enough how pleased I am with the services I received from Mr. Zimmer and his staff! This has by far been the most difficult period in my life. His caring demeanor and his professional staff made it so much more easier to deal with this awful period in my life. Mr. Zimmer was always there when I needed to speak with him. He took his time explaining the whole process step by step. He is such a hard worker and cares about his clients. He will fight for you and get you everything you deserve and more! I highly recommend Mr. Zimmer!

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avvo-badgeWhen dealing with the many unexpected twists and turns of a divorce, you need a law firm that is able to explain it all to you. Todd Zimmer and his staff were ever ready to respond to my questions and concerns. Todd emailed me himself on several occasions after 1 in the morning just to make sure I understood the next step. He walked me through the process, helped me feel at ease, and ultimately got me everything I needed in my settlement. He has even been available to answer questions and assist me after my divorce was finalized.

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avvo-badgeI just finished my divorce case and wanted to write a well deserved review for my lawyer, Todd J. Zimmer and his exemplary staff. They are truly a unique law firm that was attentive to my every need and concern while my wife and I were going through such a difficult time. Their attention to the details of my case, and ensuring I was well looked after 24/7 was a true illustration of the dedication of Mr. Zimmer and his caring staff, who each were beyond wonderful. There are not enough good words that can describe the care and professionalism that Todd. J Zimmer and his staff provide. Thank you Todd, as well as the rest of your staff for assisting me during such a chaotic time in my life. You delivered on everything you promised me and kept me grounded throughout my case. I also appreciated that while you were tough, you showed my wife great care and respect. I told you when we first met that was important to me and you never forgot. Thank you for everything!

Sammy G.

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