Child Support Law In The State Of New York

by ECL Writer
Child Support Law in New York

In the state of New York, child support (law) is determined by a calculation based on the income of both parents and the number of children. The calculation is set by state law and is used to determine the amount of child support to be paid by the non-custodial parent to the custodial parent. The non-custodial parent is typically the parent who does not have primary physical custody of the child. Child support can be ordered by a court or established through an agreement between the parents. The amount of child support can be modified by the court if there is a significant change in the financial circumstances of either parent. Child support payments are typically made until the child reaches the age of 21. In New York, child support includes expenses like the child’s health insurance and medical costs, educational expenses, and even childcare, while the custodial parent is at work or school. Usually, the parent who spends less time with the child makes payments to the other parent.

How Long Do You Pay Child Support in New York?

In the state of New York, child support is typically paid until the child reaches the age of 21. However, in certain circumstances, a court may order child support to continue beyond the age of 21. This may happen if the child is still in high school, or if the child is unable to support themselves due to a physical or mental disability. Additionally, if the child is over 21 but is still in college, the court may order the non-custodial parent to continue paying child support until the child completes their education.

But you don’t have to pay child support in full. If a kid older than 16 gets emancipated—living apart from both parents without requiring foster care, becoming financially independent, getting married, or enlisting in the military—the court may suspend or remove your responsibility. You need to pay child support does not automatically end in these situations. You must request permission from the same court that issued your child support order in order to stop paying due to your child’s emancipation.

Calculating Child Support in New York

Calculating child support in the state of New York is determined by a calculation based on the income of both parents and the number of children. The calculation is set by state law and is used to determine the amount of child support to be paid by the non-custodial parent to the custodial parent. The non-custodial parent is typically the parent who does not have primary physical custody of the child.

The first step in calculating child support is to determine the combined income of both parents. This includes all forms of income, such as wages, salaries, commissions, bonuses, and self-employment income. The court will also consider other forms of income such as rental income, investment income, and retirement benefits. Once the combined income has been determined, the court will use the Child Support Standards Act (CSSA) to calculate the basic child support obligation. The basic child support obligation is a percentage of the combined income, which is determined by the number of children for whom support is being calculated.

The percentage of combined income that is used to calculate the basic child support obligation is as follows:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • 35% or more for five or more children

The basic child support obligation is then divided between the parents in proportion to their respective incomes. For example, if the non-custodial parent earns 60% of the combined income and the custodial parent earns 40%, the non-custodial parent would be responsible for 60% of the basic child support obligation.

In addition to the basic child support obligation, the court may also order additional child support for certain expenses, such as child care, health insurance, and extraordinary medical expenses. The court may also consider other factors when determining child support, such as the standard of living of the child, the educational needs of the child, and the financial resources of both parents.

The amount of child support can be modified by the court if there is a significant change in the financial circumstances of either parent. This may include changes in income, employment, or living expenses. The court may also consider other factors, such as the needs of the child and the ability of the non-custodial parent to pay. It’s important to note that the Child Support Standards Act (CSSA) is a guideline for calculating child support. The court has the discretion to deviate from the guideline if the application of the guideline would be unjust or inappropriate. This can happen in cases where parents have a high combined income or when there is a significant deviation in the parenting time of the parents.

It is important for parents to understand their rights and responsibilities when it comes to child support in the state of New York. If you are going through a divorce or separation and have children, it is essential to consult with a qualified attorney to understand your rights and responsibilities regarding child support. An attorney can help you navigate the legal process and

Child Support Law in New York

What If I Don’t Have Any Income For Child Support in New York?

You might have revenue even if you aren’t working. Workers’ compensation payouts, pensions, fellowships, stipends, and annuity payments are all considered income for child support purposes in the state of New York. A court will compute your payments using the benefit amounts you get from disability, unemployment, social security, veterans, or retirement programs. However, public help is not considered to be income. The combined parental income is reduced by any state-provided public assistance that you may get.

If a parent does not have any income or has very little income, they may still be ordered to pay child support in the state of New York. The court may impute income to a parent who is voluntarily unemployed or underemployed. Imputing income means that the court assigns an income to the parent based on their earning potential, rather than their actual income. This can happen if the court finds that a parent is capable of earning more than they are currently earning, but is choosing not to for the purpose of avoiding child support obligations.

If a parent is unable to work due to a physical or mental disability, the court may consider this as a factor in determining child support. The court may also consider the parent’s assets and resources when determining child support. Even if a parent does not have a regular income, they may still be ordered to pay child support if they have assets or resources that can be used to support the child.

What If My Finances Change and I Can’t Make My Payments?

If your financial circumstances change and you are unable to make your child support payments, it is important to take action as soon as possible. Failure to make child support payments can result in serious consequences, such as wage garnishment, bank account garnishment, suspension of driver’s licenses, and even incarceration.

In New York, you can request a modification of child support if there has been a substantial change in your financial circumstances. A substantial change includes, but is not limited to, loss of a job, decrease in income, increase in expenses, or other changes that make it difficult for you to pay the current child support amount. To request a modification, you must file a motion with the court and provide proof of your changed circumstances.

The court will not retroactively modify child support. This means that any change in child support will only be effective from the date of the court order. Therefore, it’s important to file a modification as soon as possible if you are unable to make your child support payments. It’s also important to note that you should continue to make your child support payments as best as you can while the modification process is pending. Failure to make payments can result in penalties and enforcement actions by the court and state agencies.

It’s also possible to negotiate with the other parent to come to a new agreement for child support payments. This agreement can then be submitted to the court for approval.

Can Parents Use Their Own Plans Or Terms To Pay Child Support?

Yes. The basic child support requirements may be waived by you both as long as the waiver is in writing, specifies what the basic child support obligation would have been, and provides justification for adopting your agreement in its place. You must also acknowledge that you have read Domestic Relations Law 240(1-b) and Family Court Act 413(1)(b), and that the basic child support duty would presumptively result in the right amount of child support, according to your agreement.

These guidelines serve to ensure that the parents are informed of their legal obligations and rights, and that they knowingly waive them. To circumvent the child support standards, both parents must agree, and even then, the agreement is only effective when it has been approved by the court.

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