Parents in New York State are obligated to support their children until the age of 21. When parents divorce, the matter of child support is significant and must be addressed. This is why you must have an experienced child support lawyer on your side. If a couple cannot come to terms outside of court, a judge will establish a support structure that meets the best interests of the child. In New York, courts follow the NYS Child Support Guidelines to determine child support in contested cases. This takes the Child Support Standards Act’s calculations and the other factors that impact child support to determine a fair and just support structure. Everyone’s goal, especially the court’s, is to mitigate the impact of the divorce on the child. If you face a contested divorce based on the unresolved issue of child support, you must have quality legal representation on your side. To learn more about child support in New York State, contact Peter V. Mandi & Associates, Inc. to schedule your initial consultation with an experienced child support lawyer.
The Child Support Standards Act
In New York, a parent’s financial obligation to his or her child is decided by the Child Support Standards Act. The goal of the Act is to continue the quality of life for the child. The act takes a percentage of the combined income and distributes the support amongst the parties in proportion to individual income up to $80,000. The greater the number of children, the greater the percentage. The act rules as follows:
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: No less than 35%
Many factors can impact a child support agreement. One of the most significant factors in a child support case is who is assigned physical custody. The non-custodial parent may be obligated to pay more per month to offset the custodial parent’s cost for housing, feeding, transporting, and clothing the child. Child custody is also determined based on the parents’ earning capacity, income, debts and assets, education, tax implications, and more. The child’s financial resources, age and health, academic and social life, and financial resources will also come into play.
When does child support end?
As stated above, child support ends at the age of 21, though there are some major exceptions. There are some instances of parents having to support their children through college and beyond. When a child is considered financially independent, they are “emancipated” from child support. That being said, if the parents can prove that the child is emancipated before the age of 21 but over 18, a court may rule in favor of child support termination. Once the state determines that a child is financially independent, the parent’s obligation is over.
Contact Peter V. Mandi & Associates, Inc.
Child support is a complicated matter for divorcing parents. This is why you must have quality legal support when facing litigation based on contested child support. Peter V. Mandi & Associates, Inc. has nearly a decade of experience fighting for the rights of clients when divorce is a reality. If you need an effective Long Island child support lawyer, contact Peter V. Mandi & Associates, Inc. for a consultation today.