As child support lawyers, we guide you through the complex legal system. We advocate for you to get the best possible settlement as appropriate in your circumstances.
We have helped in situations where the parties have more than five children or when one party has income well above the cap. Our attorneys are seasoned in legal loopholes and can help the judge understand your unique situation.
The judge’s goal is to make a decision that provides the child with all they need, as per Family Court Act, FCT § 413. When examining the case, the judge will review many factors to determine what offers the best combination of these factors. The judge will consider the following:
(1) The financial resources of the custodial and non-custodial parent, and those of the child;
(2) The physical and emotional health of the child and his/her special needs and aptitudes;
(3) The standard of living the child would have enjoyed had the marriage or household not been dissolved;
(4) The tax consequences to the parties;
(5) The non-monetary contributions that the parents will make toward the care and well-being of the child;
(6) The educational needs of either parent;
(7) A determination that the gross income of one parent is substantially less than the other parent’s gross income;
(8) The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b) of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;
(9) Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent’s expenses are substantially reduced as a result thereof; and
(10) Any other factors the court determines are relevant in each case, the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non-custodial parent to pay an amount pursuant to paragraph (e) of this subdivision.
The awards may also include health care, educational, camp and extra curricular costs. The Rubinstein Law Firm assists parents with financial planning, outlining methods, and preparing documents to make a fair decision for both parents.