Under New York State law, parents are obligated to financially support their child until the presumed age of 21. When parents are going through a divorce or separation, they have the option to come up with a child support structure that can appropriately provide for the child and maintain the standard of life they are accustomed to or have the court decide on the matter. The court will often refer to the New York State Child Support Standards Act when determining the child support obligation. However, matters related to the children in divorce are some of the most frequently contested issues because they are very emotional and can impact the whole family. If you are facing a family law matter related to child support, contact The Law Office of Peter L. Jameson, PLLC to schedule a consultation with a Rockland County child support attorney.
In the state of New York, a parent’s child support obligation is often determined by the Child Support Standards Act (CSSA) in combination with other applicable factors. The Act aims to mitigate the impact of divorce by working towards a child support structure that maintains the child’s quality of life, to the best of the court’s ability. The Act’s formula is based on a percentage of the combined income of each parent as well as the number of children that require support. The percentage schedule is as follows:
When the combined parental income exceeds $143,000, it is at the discretion of the court to apply the child support percentages as seen above.
As previously mentioned, child support is largely based on a percentage of the combined income of both parents. However, though the court uses the CSSA to decide a support obligation, it will also take a number of other factors into consideration. These factors related to the parents may include:
The court will also consider matters related to the child, including:
Often, parents wonder how long they are obligated to make child support payments in New York. A child support obligation can end either when the court determines that the child is emancipated or at the presumed age of 21 years old. In some cases, parents are required to support their children after they have graduated from college. When parents believe that they should no longer pay support, they may submit a request for the court to declare the child emancipated. If the court determines that the child is financially independent and no longer needs support, the obligation to pay child support may be terminated.
When matters related to the children come to light in a divorce or separation, it is often one of the most difficult parts of the process. If you are facing divorce related to the contested issue of child support, contact our firm. The Law Office of Peter L. Jameson, PLLC has the skill and knowledge necessary to effectively represent you when this hot-button issue needs to be addressed. If you are facing a contested child support issue, contact The Law Office of Peter L. Jameson, PLLC to schedule a consultation today.