Determining Income for Child Support in New York City

Calculating child support in New York City involves determining the income of both parents. This process can be more complex than simply looking at a paycheck. New York's Child Support Standards Act (CSSA) considers various sources of income and allows for adjustments in certain situations. At Veridian Legal, our skilled child support attorneys understand the nuances of income calculation and can advocate for your best interests to ensure a fair child support order.

What is Considered Income for Child Support in NYC?

The CSSA defines "income" broadly, encompassing various sources:

Earnings from Employment: 

Wages, salaries, bonuses, commissions, severance pay, and other compensation from employment, as reported on your most recent federal income tax return. This also includes income from self-employment or owning a business, which can be more complex to calculate and may require analyzing business records and tax returns.

Investment Income: 

Interest, dividends, and capital gains from investments, such as stocks, bonds, mutual funds, and rental properties.

Benefits:

• Workers' compensation

• Disability benefits

• Unemployment insurance benefits

• Social Security benefits

• Veterans benefits

Pensions and Retirement: 

Payments from pensions and retirement accounts.

Other Income:

• Fellowships and stipends

• Annuity payments

• Alimony or maintenance received from a former spouse

• Income from trusts

Adjustments to Income

In addition to the sources listed above, the court has the authority to adjust a parent's income under certain circumstances:

Imputed Income: 

If a parent is voluntarily unemployed or underemployed, the court can impute income based on their earning capacity, considering their education, skills, and past work history. This is often done when a parent is believed to be intentionally reducing their income to avoid paying child support.

Additional Payments: 

The court may consider additional payments as income, such as:

• Money received from relatives or friends

• Non-income producing assets

• Employment benefits (e.g., meals, lodging, company car)

• Fringe benefits

Using Technology to Determine Income

In today's digital age, it's essential to consider income sources beyond traditional paychecks and tax returns. Our firm utilizes technology to uncover hidden income and ensure a complete financial picture:

• Subpoenaing Online Accounts: We can subpoena records from online payment platforms (e.g., Venmo, PayPal, Zelle) to track income and expenses.

• Analyzing Social Media: Social media activity can sometimes reveal a lifestyle that doesn't align with reported income.

• Tracing Financial Transactions: We can trace electronic transfers and payments to identify hidden accounts or income sources.

Why Accurate Income Determination Matters

Accurately determining each parent's income is crucial for calculating a fair child support order. Understating or overstating income can significantly impact the amount of support ordered, potentially leaving one parent with an unfair burden or depriving a child of necessary financial resources.

How Our NYC Child Support Lawyers Can Help

Our experienced NYC child support lawyers can:

• Analyze your financial situation.

• Gather necessary documentation.

• Advocate for a fair calculation of income.

• Negotiate with the other parent or their attorney.

• Represent you in court.

• Ensure your child receives the appropriate financial support.

The Veridian Legal Difference: Personal Attention, Powerful Advocacy

At Veridian Legal, you work directly with Cali and Daniel, experienced child support attorneys who are dedicated to protecting your rights and your child's best interests. We provide personalized attention, clear communication, and aggressive advocacy to achieve the best possible outcome in your case.

Child Support and "Add-On" Expenses

In addition to basic child support, the court may order parents to contribute to "add-on" expenses, such as:

• Unreimbursed Medical Expenses: Costs for medical, dental, and mental health treatment not covered by insurance.

• Childcare Costs: Expenses related to childcare, such as daycare or after-school care, which allow a parent to work or attend school.

• Educational Expenses: Costs for private school tuition, tutoring, or other educational expenses.

• Extracurricular Activities: Costs for extracurricular activities, such as sports, music lessons, or summer camps.

The amount each parent contributes to these add-on expenses is typically determined based on their income and the specific needs of the child.

Modifying Child Support Orders

Child support orders are not set in stone. They can be modified if there is a significant change in circumstances, such as a substantial increase or decrease in either parent's income, job loss, or a change in the child's needs. Our attorneys can help you pursue a modification if your circumstances warrant it.

Enforcing Child Support Orders

If a parent fails to pay court-ordered child support, our attorneys can take legal action to enforce the order. This may involve wage garnishment, placing liens on property, or pursuing other legal remedies.