Child Support
The law requires parents to support their children financially. In New York, child support amounts may be agreed upon by both parents or may be ordered by the court if the parents are unable to reach an agreement. Child support is calculated based on the (CSSA) Child Support Standards Act. The courts have discretion to increase or decrease the amount of child support depending upon the unique needs of the child.
The court has discretion to make adjustments to the support amounts based on multiple factors:
- Substantial differences between the parties' incomes
- Financial resources available to each party
- Unusual expenses for the non-custodial parent to exercise visitation (non-custodial parent resides out of state)
- Payment of child support from a previous marriage or relationship
- Spousal support payments
Specific percentages are as follows:
- 1 child - 17% of combined income
- 2 children - 25% of combined income
- 3 children - 29% of combined income
- 4 children - 31 % of combined income
- 5 children - at least 35% of combined income
In addition to direct support payments for the basic shelter, clothing and food expenses for the child, the law provides for the payment of other expenses ("add-ons") that are typically incurred, such as medical insurance, medical expenses, extracurricular expenses, educational expenses, child care expenses and others.
Support can be paid directly to the other parent or through a government support collection unit so as to minimize conflict between bitter parents.
In working out child support, whether by amicably negotiating an agreement with your spouse or by litigating your case in court, an experienced divorce and family law attorney is your best option to ensure that your best interests, and that of your children, are protected. |