New York parents are responsible for supporting their children until the age of 21. Child support is a monetary sum that the noncustodial parent pays to the custodial parent. In New York, child support includes cash payments, health insurance, payments for child care, and payments for health costs not covered by insurance.
In determining the amount that the noncustodial parent will pay, the court uses a standard guideline, which is based on the noncustodial parent’s adjusted gross income and the number of children involved.
The court first determines the noncustodial parent’s gross income and then makes deductions to determine the parent’s adjusted gross income, which is multiplied by a percentage to calculate child support. The percentages are:
– 17 percent for one child;
– 25 percent for two children;
– 29 percent for three children;
– 31 percent for four children; and
– At least 35 percent for five or more children.
In addition to the standard support, the noncustodial parent must pay a share of the child’s care, medical and educational expenses. However, if both parents’ combined income is over $136,000, the court can consider other factors in determining child support.
In addition, every two years the Division of Child Support Enforcement reviews every child support order to determine whether the amount of child support should be adjusted because of an increase in the cost of living.
A cost of living adjustment can be made without going to court. In addition, if either parent’s circumstances change significantly, the existing child support order can be modified.
Child support and child custody can be an emotional issue. If you are facing issues in New York concerning divorce, child custody or child support, please call the New York Family Law & Divorce Lawyers at Friedman & Ranzenhofer at 585-484-7432.
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