Child Support Enforcement

Paternity can be a sensitive subject, but it's essential to be clear on this issue. Legal recognition of the father can have implications for custody, child support, and visitation. Challenging paternity in Forest Hills, NY is a complex area of law that typically requires court action. An experienced paternity lawyer can let you know what to expect and represent your rights throughout the process. more Challenging Paternity in Forest Hills, NY: What Are My Options? When a couple are married, New York assumes the man is the biological father of any children, unless proven otherwise. If the couple are not married, the man may sign an Acknowledgment of Paternity, typically when the child is born. There may also be an order of filiation. This is a court order that establishes a man as the father in cases where he is not married. When there is agreement between both parents that the man is the father, no further evidence may be required for the order to be granted. Who Can Challenge Paternity? If you don't believe you are the biological father, you will need to file a paternity petition through the court. Only certain people can file a paternity petition in New York, namely: The mother The alleged father The child's guardian The child Social Services What Is the Process for Challenging Paternity in New York? To challenge paternity, you must file a petition with the Family Court setting out your reasons for making the request. The court will expect you to have clear and convincing evidence that you may not be the father. A paternity test will not be granted on a whim. Legal representation is essential to ensure your rights are protected and your paternity petition is granted. If the court agrees to your request, a DNA test will be carried out. The court will then reconvene to consider the results. This will include whether to allow your name to be removed as the father if the DNA test is negative. Can Paternity Always Be Challenged? The courts will always center the needs of the child, even if paternity is in question. This means they may not grant your request for a paternity test if it would cause psychological distress to the child. Some of the factors the court will consider include: The length of your relationship with the child The nature of your relationship Whether disruption to this relationship would be harmful The timeliness of the request Reasons for filing the petition If the court believes that a paternity test would cause significant harm to a child with whom you have already formed a parental bond, your request may not be granted. Consult a Paternity Lawyer Today The complexity of the laws surrounding paternity means that it's critical to seek legal advice promptly. There may also be time restrictions, especially if you signed a voluntary Acknowledgment of Paternity. An experienced paternity attorney will be able to determine if any exemptions apply, such as undue pressure to accept paternity. Once they have assessed your circumstances, they can put your strongest case to the court. We understand the unique challenges surrounding paternity law and can help you secure a fair outcome. Contact us today at the Law Offices of Joseph H. Niven, P.C. in Queens, NY to schedule a no-obligation appointment.

If you pay child support but circumstances have changed since the child support order was made, you may be able to get the child support order changed. A modifications attorney in Queens, NY, explains. One parent must file a petition with the court that gave the original child support order. The petition should give the reason for the request for modification and present evidence to support that reason. The judge will look over the petition and the evidence. They will then schedule a hearing, at which both parents will have an opportunity to present their side. The judge will then make a decision whether to modify the child support order or not. If they decide in favor of the request, the judge will then issue a new child support order. more What Are Legitimate Grounds for Modifying the Order? A parent must show that their circumstances have changed in a major way since the child support order was first issued. This could be something like a parent's loss of a job or a significant pay cut. It could be something positive, too, like a major raise in a parent's income. It could mean a change in what the child needs, such as health needs or education needs. What Kind of Evidence Do I Need to Modify a Child Support Order? The evidence could be any official documentation of the change. For example, pay stubs or tax returns would show a change in income. A termination notice could be presented as proof of a job loss. If a child's needs have changed, medical or educational records could be submitted to demonstrate what physical or other needs have developed or resolved since the child support order was put in place. When Should You Request a Child Support Modification? You should request that the order be modified as soon as you become aware of a major change, such as a change in your location due to a move, or a change in your income that might mean falling behind on child support payments. If you wait to file the request until some time after your circumstances change, it can be harder to prove that the modification request is justified. When Should You Consult a Modifications Attorney in Queens, NY? Consult an attorney sooner rather than later for help with modifying a child support order. A lawyer specializing in family law can help you make sure the petition is filed correctly and that you present adequate evidence to support the request. They can also help you negotiate directly with the other parent, if the other parent is willing to work out modifications directly. Then your proposed modifications would simply need to be submitted to the court for approval. If you need help with getting a child support order changed, reach out to the Law Offices of Joseph H. Nivin in Queens, NY.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Nia Guzman is suing Chris Brown for more child support. “Nia is absurd. She’s been living in California for months and has established residency there just so she could take Chris to court in LA for more child support! The case is already in effect and Nia wants more than what they agreed upon in Houston. She wants more — way more — because Royalty deserves every opportunity that life has to offer. Chris continues to flash his gold and diamonds around on Instagram, and him buying a new Ferrari every day infuriates Nia. She’s trying to secure Royalty’s future and she wishes Chris would understand that,” a source close to Chris tells HollywoodLife.com exclusively. Attorney Joseph Nivin says: Where do I start? When you have someone who wants more child support from you, it is a terrible idea to: (1) flash your gold around on Instagram, (2) add your diamonds to your Instagram, (3) buy a new Ferrari (at all, and doing this in multiple is icing on the cake), and (4) publicizing your new Ferraris. Chris Brown needs legal advice, but that’s the least of his problems.  He desperately needs common sense. Now, let’s talk about what Chris is paying. According to the article, Chris Brown is ordered to pay $2,500.00 per month, plus 100% of his daughter’s medical care, education, and child care. The $2,500.00 per month is known as “basic support.”  That is supposed to cover the payor’s contributions to daily expenses: food, shelter, clothing, school supplies, utilities, etc.  This number is a percentage of the payor’s income (after deductions, including Social Security and Medicare taxes, and NYC or Yonkers taxes).  That percentage is 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% and up for five or more children. Where a parent is paying $2,500.00 per month in basic support for one child, that generally means that the parent has a solidly upper-middle class income.  However, there are a lot of people out there paying this amount who could only dream of affording one Ferrari. The “add-on” expenses, medical care, education, and child care, are determined by what percentage of the combined parental income is earned by the non-custodial parent.  For example, if the non-custodial parent earns $60,000.00 per year, and the custodial parent earns $40,000.00 per year, then the non-custodial parent earns 60% of the combined parental income.  Therefore, the court will order that parent to pay 60% of the child’s unreimbursed medical expenses, and 60% of the child care expenses.  The court can, but does not have to, order the parent to also pay 60% of the child’s educational expenses. The court will usually expect the custodial parent to work and earn an income.  Therefore, the non-custodial parent usually does not have to pay 100% of the add-on expenses like Chris Brown does.  However, there are many non-custodial parents who earn much less than Chris Brown who have to pay for close to all of the add-ons, often because the custodial parent’s earning capacity decreased because of child-rearing responsibilities. For these reasons, there are many men who pay as much in child support as Chris Brown, but cannot afford to enjoy the lifestyle that he brags about on Instagram. If you have a child support case, don’t be like Chris Brown.  If you’re going to brag about your riches, you better be ready to turn them over to your child’s mother. Visit our family law page for more help. http://nivinlaw.com/practice-area/family-law/