How is Child Support Calculated in New York State?

How is Child Support Calculated in New York State?

Child support is one of the most touchy issues following a divorce. Oftentimes, one parent believes he or she is entitled to more than the other parent is willing to give. If you are a loving parent and find yourself in this situation, here are some of the questions you may have:

What expenses are included in child support?

Generally, child support includes payments towards the necessities, meaning your child’s food, clothing, and shelter. However, extracurricular activities, educational expenses, and uninsured expenses may not be included in your child support agreement unless specifically noted. If you believe you are not receiving child support for something your child needs, feel free to contact one of our compassionate attorneys today.

How is parental obligation calculated in New York State?

Thanks to the Child  Support Standards Act, New York State has a uniform system in place to accurately calculate appropriate child support terms in the event of a divorce. The Act’s main purpose is to mitigate the impact your divorce has on your child by retaining his or her quality of life. Essentially, the formula for calculating child support terms is based on a percentage of the combined income of each parent and the number of children that require support. When the combined parental incomes exceed $143,000, it is at the court’s discretion to apply the child support percentages as follows:

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

What additional factors are considered when determining child support?

Some aspects regarding you or your former spouse that may also be considered when determining child support are as follows:

  • Earning capacity
  • Education level
  • Assets and liabilities
  • Income
  • Financial resources
  • Tax implications

As the court will try and retain your child’s quality of life to the best of its ability, it is only natural they will review each case individually. They may consider matters relating specifically to your child, including, though not limited to:

  • Age
  • Health
  • Needs
  • Financial resources
  • Academic needs

When can I stop making child support payments?

Parents often wonder when their financial obligations to their children are terminated. Generally, in New York, a child support obligation ends either when a court determines a child is emancipated or when said child turns 21 years old. However, in some cases, parents seeking to send their child to college may request additional financial support to help manage tuition and other related costs. If you believe you are unfairly paying child support, you may submit a request for the court to declare your child emancipated. If the court determines your child is financially independent, your obligation may be terminated. 

Contact our Rockland County firm

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.