Divorces impact an entire family, especially when there are children involved. If a couple has children, the parents must settle new arrangements for them during the proceedings. In the state of New York, courts stress the importance of providing stability for the child so that they can maintain the same standard of living they were used to before the divorce. This requires support payments to be made from one parent to another.
When a judge determines support payments, they follow the New York State Child Support Standards Act. These calculations take a percentage of the parents’ combined income and distribute it in proportion to the individual income up to $80,000. This ensures that the more children the family has, the greater the percentage will be for support payments. The judge also takes several other factors into consideration regarding the family’s situation. This can include income, debts, assets, education, tax implications, financial resources, age, health, and the academic and social life of the child. This process allows the judge to determine a fair amount for the family in question to provide for their child.
Age of Emancipation
A parent who has physical custody of their child is the custodial parent. This is the person with the child spends most of their time with. This holds them responsible for ensuring the child maintains a stable life and upbringing. To do so, they must provide the child with a home, clothing, food, an education, and more. Often times, these costs add up and become expensive for one parent to handle on their own. It is because of this that the non-custodial parent owes the custodial parent child support payments for financial assistance. These payments are required to be paid throughout the child’s life and until they reach the age of emancipation. In the state of New York, this age is usually 21 years old.
However, every family is different and situations can change over time. Because of this, there is not one solution or example of child support cases. There are cases in which payments do not always end at 21 years old. Courts sometimes make exceptions to extend the payments or terminate them early. If it is proven the child is unable to support themselves, payments may be extended for a longer period of time. Alternatively, if a parent believes their child over the age of 18 can support themselves, they may petition the court to end support payments. If the court approves, child support payments can be terminated early.
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If you or someone you know is seeking an experienced attorney for a divorce 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.