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New York Child Support

Child support is a monetary monthly payment from one parent to another to support their child/children.  Typically, child support is paid by the non-physical custodial parent to the physical custodial parent.  These payments are applied to expenses related to the daily needs of the child.  These daily needs include, but are not limited to:  shelter, food, clothing, medical expenses, and schooling expenses.

Child support payments are usually made until the child is 18 years of age.  In special situations, payments may be made until the child is 19 years of age, still in high school full time, or still living at home. 

Child Support Guidelines
In New York, certain legal guidelines have been established for courts to follow when awarding child support to a custodial parent.  If one parent has sole custody of the child, then the non-custodial parent is required to fulfill their parental obligations through monthly support payments.  It is implied that the custodial parent fulfills their parental obligations through full time custody of the child.  If parents have joint custody of the child, child support costs are then shared and based upon the ratio of each parent’s income.

When determining child support awards, New York judges will consider:

  • The gross income of both parents.
  • The financial resources of both parents.
  • The standard of living established prior to the divorce.
  • The physical and mental health of the child/children.
  • The cost of health insurance for the child/children.
  • The educational needs of the child/children.
  • Any children outside of the marriage.

After these issues are closely considered, the judge will begin to calculate the monthly child support award.
 
How is Basic Child Support Calculated?
The basic child support obligation is calculated by totaling the gross income of both parents and then multiplying that figure by the percentages set forth through legal guidelines.  These percentages depend upon and fluctuate according to the number of children that are in need of support.  In New York, these percentages are as follow:

  • One Child:  17% of the total parental income.
  • Two Children:  25% of the total parental income.
  • Three Children:  29% of the total parental income.
  • Four Children:  31% of the total parental income.
  • Five or More Children:  no less than 35% of the total parental income.

New York Family Law Attorneys
If you are going through a family law matter, it is to your benefit to speak with a skilled attorney who understands New York child support law.  At the Law Offices of Scupp & Berman, LLP, our attorneys have over 20 years experience with family law cases.  When you work with our law offices, you will receive the knowledge, attention, compassion, and professional legal representation you need to be comfortable throughout child support matter. 

Contact The Law Offices of Scupp & Berman, LLP
(516) 683-1990

The Law Offices of Scupp & Berman, LLP proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola. 

 

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