Child support is a sum paid by the non-custodial parent to the custodial
parent pursuant to court order or agreement for the care, maintenance
and education of the parties' un-emancipated Children under the age
of 21. Generally, children are emancipated at the age of 21, however,
a minor child may also become emancipated upon marriage, enlistment in
the armed services, or by becoming self-supporting.
The Child Support Standards Act was created to ensure all child support awarded in New York was not only fair, but consistent, giving children the same standard of living as if their parents were still together. The Child Support Standards Chart is released every year, providing income tables based on the current economic standards to help determine the annual child support obligation that can be enforced. It dictates the amount of child support a parent must pay, based on a strict formula that takes both parents' income, the number of children, and the basic needs of the children into consideration.
Despite the fact that the statute is often characterized as simply requiring a certain percentage of income to be paid as child support depending upon the number of children and other factors, application of the formula set forth in the act is cumbersome, complex, and difficult in many instances. A Nassau County child support lawyer at our firm can conduct an in-depth review of the parties circumstances and ascertain the appropriate amount of child support.
Other factors which may influence child support calculations can include the incomes and financial circumstances of each parent, the standard of living the children are accustomed to, any additional physical, mental, or educational needs of the child, and any children with a different partner supported by either of the parents. A court-ordered obligation to pay child support is not modified by bankruptcy, unemployment, voluntary waiver, disability, or denial of visitation rights.
After the Basic Child Support Obligation is calculated, the court will likely review potential add-ons. Generally, medical insurance and expenses for unreimbursed or uncovered medical expenses for the child(ren) are shared by the parents on a pro rata basis, taking the percentage of each parent's adjusted gross income (AGI) and comparing it to the total combined parental AGI. Child care costs that are incurred to enable a party to work or complete school related to work is also a mandated add-on, the cost of which is to be shared on a pro rata basis between the parents. Special needs and child support costs are also considered.
Need guidance through child support calculations? Call the Nassau County divorce attorneys at Jane K. Cristal, P.C.