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Court Rules on Child Support Calculations

According to a Nassau County Child Support Lawyer, child support calculations vary and usually depend on both the parents’ net income, the cost of caring for the child as well as allowance for health maintenance as well as daily needs. Also, most of the time, when a husband and wife separates, animosity is always present and provisions for child support and visitations are always taken for granted. Although a trial court may provide written orders for these, it is important that when two parents divorce, they must continue to be responsible and continue constant communication with their children even after the marriage is formally dissolved. This case, as explained by one of our senior New York Family Lawyers is about awarding reasonable visitation rights to non-custodial parents as well as the proper calculation of their child support.

The parties were joined together in marriage sometime in August 1990 and 16 years later, the wife filed for a divorce wherein she submitted affidavits of her finances and pertinent data for the dissolution of their marriage. It was found that the wife earned a gross monthly income of more than $4800 and that she was entitled to real estate and listed a mortgage to be among the parties’ debts. On the other hand, the husband was found to earn a monthly salary of at least $2300 and lists no assets. He also lists a liability of $20000 in car loans for vehicles that were already foreclosed. In addition, when the hearing was held in a trial court, the final judgment learns that the 12-year-old son was living with the Mother. She testified that the Father was always tardy during custody exchanges and that she was hesitant to let the boy be with the Father because of his unstable living conditions, which involved his current partner taking drugs, and that the Father had a bank statement that had $14000 in deposits, which the Father explained as money given by relatives.

The final judgment then included provisions that would allow the Father to alternating Friday visits from 7 to 11pm and alternating Saturday visits from 12 noon until 10pm. In addition, if the Father arrives late, with a 20-minute grace period, then his visiting access will be waived. Moreover, when the Father has found a “stable” place, then the son will be allowed to sleep over in a separate sleeping area and shall have unsupervised access. The Mother would be allowed to visit if the son sleeps in his Father’s house overnight. In addition, the Mother was awarded child support of up to $560 a month as well as a monthly retroactive support of $250 which will run for 32 months. According to our Nassau County Family Lawyer, looking at these conditions simply showed that they were unreasonable and that they must be revised. Indeed, the Father challenged these conditions found in the final judgment. He questioned the limitations of his rights to visit and the amount that he needs to pay for child support and sought to reverse the decision of the trial court.

Although no court reporter was present in the trial, the lack of records of the previous hearings does not prohibit reversal of a trial court’s decision especially if the Father was able to substantiate the unreasonable final judgment. In this case, there are three independent grounds for revision found in the final judgment. First, the Father’s visitation rights were unreasonable. The inclusion of a 20-minute grace period was inconsiderate and violated the right of the Father to visit. Moreover, the child’s right to see his Father is also dishonored and must be removed from the final judgment. The Third District thus reversed this provision stating that the inclusion of a grace period was unnecessary and did not promote and encourage continuing contact and relationship between the Father and the son, who was still a minor during that time. The only thing that the Father was asked to do if he would be late is to notify the Mother within a reasonable time if he will not be able to meet them in the place of exchange on time or if he will not be able to meet them at all.

Whether you have a custody or visitation dispute, need an order for protection, or have a paternity issue, it is important to speak with skilled legal counsel to ensure that your rights are protected. Contact Stephen Bilkis and Associates for guidance and a free consultation.

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