Child support is often one of the most complex matters of a divorce. As a result, you may have a lot of questions regarding the matter. Read on to learn more about some of the most commonly asked questions regarding child support in New York.
How is child support determined?
New York State has a uniform system in place to calculate appropriate child support terms in the event of a divorce, known as the Child Support Standards Act. 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%
In addition to the formula in place, the court may also take into account:
- Your child’s age
- Whether your child has any special needs
- Whether your child will attend college or pursue higher education
- Your yearly income
- The child custody agreement in place
- The number of children you have
Can child support be modified?
The goal of child support is to ensure that the child’s standard of living is the same as, or better than, before the divorce. As a result, making modifications can be difficult. That being said, child support may be modified in the following cases:
- An increase or decrease in yearly income
- A significant change in a spouse’s health, causing a spike in medical bills
- The loss of a home
- A change in the federal tax law
- One of the parents lost their job
- One of the spouses remarried
When do child support payments end?
In the state of New York, the age of emancipation is generally 21 years old. It is important to note that child support can be terminated early, or extended past 21, depending on the situation. For example, if your child intends to pursue higher education, child support payments may be extended.
How is child support enforced?
If the parent responsible for paying child support fails to do so, you may need court-ordered enforcement. Child support can be enforced in the following ways:
- Wage garnishment
- Property liens
- Suspension of drivers’ licenses
If you have any additional questions about child support in New York, do not hesitate to reach out to our firm. We are here to walk you through the process every step of the way.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.