When children turn 21 years old, child support payments may stop. Although this is the age by law, there are certain situations that can change the age. Even if children are under 21 years old, child support can be allowed to stop payments. When children are considered to be emancipated, it can interrupt the structure of child support. Children that are married, in the military or have finished four years of college may be a factor for emancipation. Also, if they are 18 years of age and hold a full-time job or abandon the house, this could contribute to the end of child support. However, if the child left the home due to abuse then it may not apply.

What does New York’s Child Support Standards Act state?

When the court system has to decide on the structure of child support, they follow the State’s Child Support Guidelines and employ the use of the Child Support Standards Act. The Child Support Standards Act is in place to help decide child support payments that qualify as the proper amount. Through this act, it provides a formula to equitably calculate a base amount of child support. The goal of this act is to act in the best interests of the child to ensure their well-being. The court will try to continue the living standard that has been established for the child already.

Does child support differ based on the number of children?

Through the Child Support Standards Act, there is a formula that decides child support. When there are more children in the family, there is a greater percentage of combined marital income that must go to child support. The child support is based on the number of children. For one child, 17% may be included. For two children, 25% percent may be demanded. As the number of children increases, the percentage increases to reflect the needs of the children.

The formula is used to estimate the amount of support needed. However, there are many other factors considered when deciding upon the child support structure. Judges will consider the financial resources of each parent and of the child. They will take into account the child’s physical and emotional health to ensure their well-being, along with their current standard of living. Other factors include the tax consequences of each parent, their non-monetary contributions, their educational needs, the parent’s gross income and the children’s needs outside of the marriage.

The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.