Divorces are extremely stressful, however, they are even more stressful when it comes to determining child custody and child support orders. The court will determine the best interest of the child. This means the court will assign custodial parental rights to the parent they deem fit. The non-custodial parent who does not have physical custody of the child is required to pay the custodial parent child support to provide for the child’s basic needs. The child’s basic expenses include food, clothing, housing, healthcare, and other important child care expenses. If you need help with your child support order, contact an experienced Rockland County Child Support Attorney who can help you with this contested issue.

Is child support more expensive for richer people?

Ultimately, in a sense richer people do pay more in child support. They pay more than the average person because child support is calculated based on both parties’ incomes and their financial resources. In New York, if the combined income of both parents exceeds $143,000 the court will decide the appropriate percentage for child support. However, typically child support percentages are calculated as follows:

  • One child = 17%
  • Two children =25%
  • Three children = 29%
  • Four children = 31%
  • Five or more children = 35%

The court uses these percentages and both parties combined incomes to determine the amount the non-custodial parent has to pay in child support. Furthermore,  non-custodial parents are required to pay child support until the child is 21 years old. Unless, however, deemed otherwise in a divorce agreement. Child support orders are based on both parties’ income.

What happens if the non-custodial parent does not pay?

If the court orders a parent to pay child support, they are legally entitled to do so. If a non-custodial parent does not pay their child support they will face serious penalties. The consequences for not paying child support may include:

  • Income withholding
  • Federal and state tax intercepts
  • Financial Institution Data Match (FIDM)
  • Passport suspension
  • Suspension of driving privileges
  • Civil and criminal contempt

The above are some potential consequences a non-custodial parent can face as a result of not paying their child support. The Child Support Services Division (CSSD) will go to great lengths to collect child support from parents who willingly or unwillingly neglect to pay their child support in order to provide for their child. However, the penalties they may face depend on the amount they’ve incurred overtime. If the non-custodial parent cannot pay due to reasonable circumstances, the court will typically reduce the child support order for their hardship.

If you need help with your child support order, reach out to one of our knowledgeable and skilled team members. Our firm is ready to help you today.