When a couple goes through a divorce, they must figure out the arrangements of their new lives. If the spouses are parents, they must do so for their children as well. One matter that must be settled for children is the issue of child support payments. After a divorce, a child’s life can change drastically. During this time, it is important to provide them with the same stability they were once used to before their parents divorced. Support payments are made from one parent to the other to ensure the child can maintain a comfortable standard of living.
When courts determine an amount for support payments, they follow the calculations of the New York State Child Support Standards Act. These calculations take a percentage of the parents’ combined income and distribute it in proportion to the individual income up to $80,000. The more children a family has, the greater the percentage will be. In addition to this, the judge will take several other factors regarding the family’s situation into consideration. This can include income, debts, assets, education, tax implications, financial resources, age, health, and the academic and social life of the child. Following this method helps to determine the quality of life a parent can afford to provide their child.
Age of Emancipation
When a parent has physical custody of their child, they are known as the custodial parent. This is the individual with whom the child spends the majority of their time. Maintaining this role holds them responsible for the child’s upbringing. This includes providing them with a home, clothing, food, an education, and much more. These costs can often add up and become expensive for one parent to handle on their own. This is why the non-custodial parent owes them child support payments for assistance. These payments help balance out the child’s cost of living so that it is not only on the shoulders of the custodial parent. These payments are required throughout the child’s life and end when they reach the age of emancipation. In the state of New York, this age is generally 21 years old.
Life is unexpected and family situations can vary from case to case. It is because of this that child support cases do not have one solution for every family. Because of this, the payments do not always end at 21 years old. Courts will sometimes make exceptions to either extend the payments past this age if it is proven the child is unable to support themselves yet. On the other hand, there are cases in which payments can be terminated early. If a parent believes their child is over the age of 18 and can support themselves, they may petition the court to end their support payments. If the court approves of this motion, child support payments can end.
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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.
