When a couple divorces, some of the most important decisions they have to make pertaining to their children. After an agreement is made on the custody of a child, parents must also come to a conclusion on the issue of child support. In New York, it is mandatory for both parents of a child to financially assist them. This is because childcare in Long Island can be expensive for one parent to manage on their own. Even though only one parent maintains physical custody of a child, the non-custodial parent is required to support them financially. In order to do so, the parent must pay scheduled child support payments. These payments are used by the primary caretaker only for matters related to the wellbeing of the child.
NYS Child Support Standards Act
Every family and their situation is different from another, therefore every case is handled as such. The state of New York does not approach every family with one solution to determine child support. The state’s goal when determining child support is to maintain a standard of living that the child was used to before the divorce. In order to come to a decision for each family, the state created the New York State Child Support Standards Act. This is a formula that allows the state to come to a fair conclusion through a percentage system. The system takes a percentage of the parents’ combined income and distributes it in proportion to an income of $80,000. New York State came to the following conclusion:
- One child – 17%
- Two children – 25%
- Three children – 29%
- Four children – 31%
- Five or more children – no less than 35%
The court considers other factors as well when determining child support. This may include which parent has physical custody, both parents’ income, debts/assets, taxes, age, health, and more.
When Does Child Support Stop?
Parents are only required to pay child support until their child reaches a certain age. In the state of New York, the age of emancipation is seen as 21 years old. This allows child payments to stop when the child turns that age. Although, there are some exceptions depending on circumstances surrounding the family in question. If a parent believes their child is financially independent before they turn 21 (but after they turn 18), they may wish to prove so to a court in order to end payments earlier. If a child chooses to continue higher education, the court may extend payments until they graduate college. In order to end child support payments, the parents must file to declare their child as emancipated and the court must agree.
Contact our Firm
If you or a family member is seeking representation for a child support case, contact Peter V. Mandi & Associates, Inc. today.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.
