How Is Child Support Calculated in a New York Divorce?
A divorce can be difficult for all members of a family, but it can be especially hard on children. Although they will typically still see both parents, one parent may have sole custody, while the other parent will have visitation rights. In New York, child support is an amount of money paid by one parent to the other for the necessary resources for child-rearing. This type of support is used for children’s basic needs, such as food, clothing, and shelter. If you are considering filing for a divorce in New York, it is important to know the laws regarding child support, which will help you ensure that the amount of your payments is determined correctly.
New York Law for Determining Child Support
Under New York divorce law, child support is to be paid until a child turns 21, except in certain situations. In a limited number of cases, the court can direct the noncustodial parent to continue making support payments after the child is 21 if the child has special needs. If a child marries, becomes emancipated, or joins the Armed Forces, payments will end before the child celebrates his or her 21st birthday.
As in many other states, New York uses a formula to calculate child support payments. The actual amounts vary depending on the noncustodial parent’s income. Once the income is confirmed, it is multiplied by a percentage based on how many children a parent must support. Here are the guidelines the state of New York uses for that percentage:
- One child: 17 percent
- Two children: 25 percent
- Three children: 29 percent
- Four children: 31 percent
- Five children: 35 percent (minimum)
It is important to know that a court may order a different amount than would be determined using these percentages if a judge believes it is in the best interests of the child. The court can also mandate parents to cover additional expenses related to their children. A parent may be ordered to pay:
- A portion of child care expenses if the custodial parent works or attends school
- A portion of the child’s health insurance and any medical costs not covered by insurance
- A portion of the child’s educational expenses
Contact a New York City Divorce Attorney
There are many issues to resolve in a divorce case, and one of the most important is child support. If you are getting divorced, and you have children, it is imperative that you know how New York law regulates child support orders and payments. If you are the custodial parent, you need financial assistance to raise your kids properly. That is why you should seek legal counsel with a qualified Brooklyn, NY child support lawyer. With more than 50 years of combined experience in divorce and family law matters, Goldberg Sager & Associates will aggressively represent you to make sure your rights and your children’s best interests are protected. Call our knowledgeable legal team today at 718-514-9516 to schedule your free consultation.