Child Support Lawyer Brooklyn

Child support in a Brooklyn family law case is not left to negotiation alone; New York applies a statutory formula, known as the Child Support Standards Act, to set the baseline obligation before any other factors are considered. Whether a Brooklyn case proceeds in Kings County Supreme Court as part of a divorce or in Family Court as a standalone support matter, the same core formula applies. Law Offices Of SRIS, P.C. represents both paying and receiving parents in Brooklyn child support matters, from the initial calculation through enforcement of an existing order.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys assist with Brooklyn child support matters alongside him. The statutory formula depends heavily on an accurate calculation of each parent’s income, and the firm works closely with clients to make sure the income figures presented to the court reflect the client’s actual financial circumstances. The firm does not offer free consultations; a consultation can be scheduled by calling the firm. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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What Child Support Means in Brooklyn

New York’s Child Support Standards Act appears in two parallel statutes: N.Y. Dom. Rel. Law § 240(1-b), which applies in Supreme Court matrimonial actions, and N.Y. Fam. Ct. Act § 413(1), which applies in Family Court support proceedings. Both statutes use identical definitions and the same child support percentages, applied to the parents’ combined parental income: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and no less than 35% for five or more children. The applicable percentage is applied to combined parental income and then prorated between the parents according to each parent’s share of that combined income.

This percentage-based calculation applies up to a combined-income cap, which both statutes cross-reference to N.Y. Soc. Serv. Law § 111-i rather than stating directly. That statute sets a base combined-income figure of $141,000 as of January 31, 2014, which increases every two years, beginning March 1, 2016, according to a formula tied to the Consumer Price Index for All Urban Consumers, rounded to the nearest $1,000. The current adjusted cap is published administratively in the state’s child support standards chart rather than appearing as a fixed number in the statute itself. For combined income above the cap, the court determines support on the excess using the statutory deviation factors, the same percentage, or both, at its discretion.

Both the DRL and FCA versions of the CSSA also protect a self-support reserve for the paying parent, defined as 135% of the federal poverty income guideline for a single person, with a stated 1989 base figure that is revised each March 1 to track the current federal guideline. Child support under both statutes continues for an unemancipated child until age twenty-one, a different threshold than New York’s general age of majority of eighteen. Brooklyn parents should expect the calculation to start from these statutory percentages and definitions before any case-specific deviation is considered.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

When a Brooklyn client raises a child support issue, Mr. Sris and the firm’s Of Counsel attorneys start by identifying each parent’s income as the CSSA defines it under DRL § 240(1-b) and FCA § 413(1), which includes several categories of income beyond base wages and specific deductions the statute allows. Getting this income calculation right is often the single most consequential step in the case, since the statutory percentages are applied directly to that figure.

The firm then applies the applicable percentage, 17% through 35% or more depending on the number of children, and reviews whether the parties’ combined income falls above the statutory cap referenced in Soc. Serv. Law § 111-i, which changes how the analysis above that threshold proceeds. Where deviation from the formula amount may be appropriate, the firm reviews the statutory deviation factors against the family’s specific circumstances.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in both Kings County Supreme Court, where support is addressed as part of a divorce, and Family Court, where standalone support petitions are filed, coordinating whichever venue the client’s situation requires. The firm prepares the financial documentation each forum expects and presents the client’s position on income, the applicable percentage, and any deviation factors.

Throughout the matter, the firm explains how the CSSA formula applies to the family’s specific numbers and does not promise a particular support figure, since the final order depends on the court’s application of the statutory formula and factors to the complete financial record presented by both parents.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. His background as a former prosecutor and his accounting and information systems background from George Mason University both inform how the firm approaches the income calculations at the center of most child support disputes. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, an admission that covers the Brooklyn support matters the firm handles in both Kings County Supreme Court and Family Court.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and assist Mr. Sris on Brooklyn child support matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

What percentage of income is used to calculate child support in New York?

The CSSA percentages under DRL § 240(1-b) and FCA § 413(1) are 17% of combined parental income for one child, 25% for two children, 29% for three children, 31% for four children, and no less than 35% for five or more children, applied to combined parental income up to the statutory cap.

Is there a limit on how much income the child support formula applies to?

Yes. Both statutes apply the percentage up to a combined-income cap set under Soc. Serv. Law § 111-i, which states a base of $141,000 as of January 31, 2014, adjusted every two years by a Consumer Price Index-based formula. The current adjusted figure is published administratively rather than stated as a fixed number in the statute.

Until what age is a parent required to pay child support in New York?

Both DRL § 240(1-b) and FCA § 413(1) define child support as support for an unemancipated child under the age of twenty-one, which differs from New York’s general age of majority of eighteen used elsewhere in the Domestic Relations Law.

Can child support be filed in Family Court instead of as part of a divorce?

Yes. FCA § 413(1) governs child support proceedings brought directly in Family Court, separate from a Supreme Court divorce action, and Brooklyn parents may pursue support through either forum depending on their circumstances.

What is the self-support reserve and how does it affect child support?

The self-support reserve, defined identically in DRL § 240(1-b) and FCA § 413(1) as 135% of the federal poverty income guideline for a single person, protects a minimum amount of the paying parent’s income and can limit certain child support and cash medical support obligations; its current dollar figure is republished annually rather than fixed in the statute.

Can the standard child support percentage be adjusted for our family’s situation?

Both statutes allow a court to deviate from the formula amount based on enumerated statutory factors. The firm reviews a family’s specific circumstances against those factors to determine whether a deviation argument is appropriate before or during a Brooklyn child support proceeding.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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