If you are getting divorced and you have a child, you may have questions about child support. Read on to learn the answers to some of the most commonly asked questions about child support in New York.
Who receives child support?
Child support is typically paid by the non-custodial parent to the custodial parent to help cover the cost of the child’s expenses. The purpose of child support is to help ensure that the child’s standard of living is the same or better than before the divorce.
How does a New York court determine child support payments?
New York courts use the Child Support Standards Act to determine child support. The formula for calculating child support in New York is based on a percentage of the combined income of each parent and the number of children that require financial support. If the combined parental income exceeds $143,000 the court will apply the following child support percentages:
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- at least 35%
In addition to this formula, the court may also consider the following factors:
- How many children are in your household
- Whether you or your former spouse have hefty medical bills
- Your gross yearly income
- Your child’s age
- Whether your child has any special needs
- Whether your child is pursuing a higher education
Can child support payments be modified?
Your child support agreement can be modified to be increased or decreased, depending on the situation. However, this can be difficult to do. Some examples that may justify a modification include:
- An increase or decrease in income
- A change in federal income tax law
- Loss of job, or, on the flip side, a promotion
- A spouse remarries
- A spouse loses their home
- The supporting parent has suffered a significant medical injury or condition
When do child support payments end?
In New York, the age of emancipation is 21. This generally means that child support can end when your child turns 21. However, this is not always the case. For example, child support is often extended if the child decides to pursue higher education. It is important that you do not stop paying child support without permission from the court, as this can result in serious legal reprocussions.
If you have any questions about child support in New York, contact our firm.
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