Divorce and Child Support Attorneys in Staten Island, NY
Protecting Your Family’s Future With Precision and Compassion
About Our Divorce and Child Support Practice
Family law issues such as divorce and child support are among the most life-changing legal matters an individual may face. They involve not only legal rights and obligations but also emotional upheaval, financial uncertainty, and long-term consequences for both parents and children.
At Angiuli & Gentile, LLP, we provide thoughtful and assertive legal representation for individuals navigating child support and divorce-related concerns in Staten Island and throughout New York City. Our team of attorneys has decades of combined experience in helping clients protect their interests, understand their rights, and make sound legal decisions that will positively affect their families and finances for years to come.
We represent both custodial and non-custodial parents in initial child support proceedings, enforcement actions, and post-divorce modifications, with a deep understanding of New York’s legal framework and the nuances of family dynamics.
How Child Support Is Determined in New York
Child support is intended to ensure that children receive the financial support necessary for a stable and healthy upbringing, regardless of the relationship between their parents. When a couple divorces, child support becomes a key component of the divorce settlement or court order.
The Child Support Standards Act (CSSA)
New York State uses a guideline called the Child Support Standards Act (CSSA) to calculate basic child support obligations. This statutory formula applies to nearly all child support cases and ensures a level of uniformity, while still allowing courts to consider specific case-by-case factors.
The CSSA calculation takes into account:
- Combined parental income
- Number of children involved
- Each parent’s proportionate share of that income
- Mandatory add-ons, such as health insurance, childcare, and unreimbursed medical expenses
The percentages used for basic support are:
- 17% of income for one child
- 25% for two children
- 29% for three children
- 31% for four children
- At least 35% for five or more children
This base figure can be adjusted further depending on additional expenses, custody arrangements, or deviations allowed by the court.
Income Cap and Deviation Factors
As of 2025, the income cap under the CSSA is $183,000, but the court may apply the same percentages to income beyond that cap in high-income cases, depending on the circumstances. The court may also deviate from the standard formula based on:
- High or low income of either parent
- Unusual health or educational needs of the child
- Travel expenses for visitation
- The existence of other children supported by a parent outside the relationship
If your financial picture is complex — involving self-employment, investments, or shared businesses — we will work to ensure accurate income calculation and fair support determinations.
Modifying an Existing Child Support Order
Life is unpredictable, and circumstances often change after a child support order is entered. Fortunately, New York law allows for the modification of child support under certain conditions.
Grounds for Modification
You may petition the court for a change in child support based on:
- A substantial change in circumstances, such as:
- Loss of employment
- Serious illness or disability
- Major changes in the child’s needs
- A shift in custody or parenting time
- A 3-year lapse since the last order was issued
- A 15% or greater change in either parent’s income
It’s critical to act quickly. Support does not change automatically, even if your situation has changed drastically. We help clients draft, file, and argue motions to modify child support and ensure their documentation is clear and compelling.
Common Situations That Warrant Modification
- You lost your job or suffered a pay cut
- Your former spouse received a significant raise or inheritance
- The child has new educational or medical expenses
- One parent relocates, altering custody arrangements
- Parenting time has increased, decreasing the custodial burden
Enforcing Child Support Orders
Unfortunately, not all parents comply with court-ordered child support obligations. When this happens, the receiving parent has legal options to collect past-due support (arrears) and compel ongoing compliance.
What to Do When Child Support Isn’t Paid
We help clients initiate enforcement actions when support is not paid in full or on time. New York law gives courts and support collection units a wide range of tools to enforce payment, including:
- Wage garnishment (income withholding orders)
- Suspension of driver’s licenses and professional licenses
- Seizure of tax refunds
- Freezing or garnishing bank accounts
- Property liens
- Contempt of court proceedings, which can lead to fines or jail time
In some cases, we can also seek retroactive support if a parent has failed to pay for a period before the order was enforced or updated.
Pursuing Arrears and Retroactive Child Support
Arrears refer to unpaid past support obligations. These do not expire and continue to accrue statutory interest. In New York, even if a parent files for a support reduction, they remain responsible for payments until a court officially changes the order.
Our attorneys ensure you recover what you’re owed or help defend against unjust enforcement actions, depending on your position in the dispute.
Unique Situations and Complex Support Calculations
While many cases involve standard income and custody arrangements, others involve more complex variables. At Angiuli & Gentile, LLP, we are skilled at handling nuanced, high-conflict, or high-income child support matters, including:
Joint Custody and Shared Parenting Time
Even with 50/50 custody, child support may still be ordered. Courts assess the relative financial capacity of each parent, not just the time spent with the child. If one parent earns significantly more, they may still be required to pay support.
High-Income Parents and Child Support
For parents earning above the CSSA income cap, courts use discretion when applying support percentages. We ensure high-income clients are not penalized unfairly and that the child’s needs are met without enabling financial abuse by the other parent.
Self-Employment and Imputed Income
When a parent is self-employed, underemployed, or not reporting full income, courts may “impute” income — assigning a hypothetical earning capacity based on education, work history, or lifestyle. We help clients navigate these disputes with forensic accounting and detailed financial documentation.
Temporary Custody and Out-of-State Relocation
Temporary custody changes, such as one parent having sole custody during school terms, or a parent’s relocation to another state, can alter support obligations. These scenarios often require interim motions and quick legal action to prevent disruption or unfair financial burdens.
When You Should Contact a Family Law Attorney
You should not wait until things get worse to speak with a child support lawyer. Our attorneys at Angiuli & Gentile, LLP can assist you if:
- You’re going through a divorce and need help understanding potential support obligations.
- Your ex is not paying child support, or you’ve fallen behind and fear enforcement actions.
- You’ve lost your job or experienced a major life change and need a support adjustment.
- You’re considering moving or changing your custody schedule
- You’re dealing with a co-parent who has complex finances, owns a business, or is hiding income.
We provide realistic legal advice and fight to ensure your family’s financial interests and legal rights are protected every step of the way.
Why Angiuli & Gentile, LLP?
Choosing the right law firm for your family law matter can make a critical difference. Here’s what makes us the trusted choice for child support and divorce cases in Staten Island:
Decades of Legal Experience in New York Family Law
We’ve handled hundreds of complex divorce and child support cases over the last 35+ years, representing parents in both amicable settlements and high-conflict litigation.
Strategic Advocacy with a Human Touch
We combine aggressive legal strategy with genuine compassion. We listen to your concerns, explain your options, and develop a tailored approach designed to protect your child’s best interests and your long-term security.
Skilled in Complex, High-Asset, and Contentious Matters
Our firm has extensive experience with high-net-worth divorces, self-employed parents, custody disputes, and support arrears — all with an eye toward efficiency and long-term resolution.
Frequently Asked Questions (FAQs)
Can I change my child support order if I lost my job?
Yes. If the loss is involuntary and you can demonstrate your efforts to find new employment, you may qualify for a modification of child support. However, until a judge signs off on the change, the existing order remains enforceable.
What if the other parent refuses to pay child support?
You can pursue enforcement through the court or a local child support enforcement unit. Legal tools such as wage garnishment, license suspension, and property liens are available. We assist in filing these enforcement motions quickly and effectively.
How is child support handled in joint custody situations?
In joint custody (50/50 parenting time), the higher-earning parent may still be required to pay child support, depending on income disparity and the child’s needs. The court looks at financial fairness, not just time spent with the child.
Will remarriage affect my child support order?
Generally, no. A new spouse’s income is not considered when calculating child support, unless it directly reduces your expenses or increases your ability to pay.
Can child support be negotiated in a divorce?
To some extent, yes — particularly in uncontested divorces. However, the court will always review the agreed-upon amount to ensure it meets the child’s best interests. Any significant deviation from New York guidelines must be justified.
Contact Angiuli & Gentile, LLP Today
If you are dealing with any aspect of child support — whether it’s calculating it, modifying it, enforcing it, or defending against it — we invite you to schedule a confidential consultation with our legal team today.
You don’t have to face this process alone. With Angiuli & Gentile, LLP by your side, you’ll have experienced advocates who understand the law — and who care about your outcome.
