Elisabeth A. Barker | Attorney At Law

Child and Spousal Support

On Behalf of | Oct 3, 2019 |

Child Support Lawyer, Syracuse

Attorney Elisabeth A. Barker has a wealth of knowledge in the area of child and spousal support and has appeared in Family Courts throughout New York State. Attorney Barker previously represented the Department of Social Services of Onondaga County on child support and paternity cases in Family Court. She has taught continuing legal education courses on the topic of child support.

Child support in New York is based upon a formula as set forth in the Child Support Standards Act. The guidelines take into account certain factors such as the income of both of the parents, the number of children in common for whom the order shall be made, and with which parent the children reside. It is possible for both parties to agree to an amount different from the guidelines. A support obligation may include health insurance, unreimbursed medical expenses and child care expenses. A child support order may also include a contribution by the parents to the cost of the child’s college education.

Contact Syracuse child support attorney Elisabeth A. Barker to schedule a consultation to answer your questions regarding child support.

Modification Of Child Support

A child support obligation may be subject to a change if a parent’s or child’s circumstances change, for instance, the child is engaged in travel sports or enters private school or college. The obligation or amount to be paid by the paying parent (non-custodial parent) may be reduced if that parent loses their job, was injured and out of work, or has a reduction in income. The child support obligation may be increased upon a showing of an increase in income of the non-custodial parent or the needs of the child have increased (educational need or extracurricular activities). If a child has been adopted or turns twenty-one (21), the provision for child support will usually be terminated. However, it is best to file a petition in Court to terminate the obligation. An obligation will not be changed or modified without going to Court for a new Order. Contact family law attorney Elisabeth Barker to discuss taking your support matter back to court.

Violation Of Child Support Order

If you stopped paying your child support, you may be in violation of a Court order and could be facing the possibility of probation, incarceration or suspension of your license and passport. Contact Attorney Barker to learn about your options if you violated your support order and have not paid the monies owed for your child or have had your license suspended.

If your child’s parent did not follow the Court order and pay his or her child support obligation, including the unreimbursed health care related expenses or child care expenses, contact Attorney Barker to help you understand your remedies. Attorney Barker can assist you with filing a petition to enforce your support order.

Spousal Support Provisions

Children are not the only ones who need support following a divorce or separation. A financially dependent spouse may be entitled to spousal support (alimony). Our job as a family law lawyer is to advocate on behalf of whomever is our client: the monied spouse or the dependent spouse. Contact Attorney Barker to learn about your options for spousal support.

Unlike the guidelines for child support, spousal support is not determined by any formula. Many factors are involved in determining whether an award of spousal support is appropriate. These factors include: length of the marriage, the disparity in incomes between the parties, standard of living of the parties, health of parties and the ability of the parties to find gainful employment. Either partner could receive an award for spousal support/maintenance, if warranted.

Syracuse attorney Elisabeth Barker will explain the factors likely to be considered for a spousal support award. Contact her office to discuss any questions or concerns you have regarding the issue of spousal support.