In New York, parents are required to provide financial support for their children until they turn 21, unless they are emancipated. Child support is calculated using the non-custodial parent's income and is utilized for the needs of the child. Such needs include food, clothing, shelter, health insurance or medical support for the child, payments for child care, and payments for health care costs that may not be covered by health insurance. It is the duty of Family Court, or the Supreme Court in a divorce case, to determine the amount of child support payments that a non-custodial parent will be required to pay.
Income is defined by New York law and can include monies in a number of categories. Once income is deduced, child support is determined by calculating the combined gross income of the parents, after deducting from each parent's income the amounts he or she actually paid for Social Security taxes and Medicare taxes.
The child support percentages are:
17% for one child.
25% for two children.
29% for three children.
3l% for four children.
No less than 35% for five or more children.
For those with an income exceeding $136,000 annually, the court will decide whether or not to use the guidelines and may consider additional factors in calculating child support. The goal of the Court is to ensure the child's basic necessities are provided for.
It is essential to have an attorney who can properly advocate for the proper amount of child support. In some cases, it is harder to determine the actual income of a parent, especially in situations in which the non-custodial parent owns a business or works "off the books." We have the knowledge and experience necessary to ensure that you obtain the proper amount of support.